Nevada 2019 Regular Session Status: Enacted

SB 460 — Revises provisions relating to public administrators. (BDR 20-540)

Last action — Approved by the Governor. Chapter 270.

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    Enacted

This bill has been enacted into law. Introduced March 25, 2019. Enacted.

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Summary

AN ACT relating to public administrators; authorizing the boards of county commissioners of certain counties to abolish the office of public administrator; requiring the board of county commissioners to employ or contract for the services of a person to carry out the duties of a public administrator in a county where the office has been abolished; and providing other matters properly relating thereto.

Bill Text

What changed in the latest version

1045 added · 1056 removed

1045 line(s) added, 1056 removed.

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S.B.
Senate Bill No.
460 SENATE BILL NO .
460–Committee on Government Affairs CHAPTER..........
460–COMMITTEE ON GOVERNMENT AFFAIRS M ARCH 25, 2019 ____________ Referred to Committee on Government Affairs SUMMARY—Revises provisions relating to public administrators.
(BDR 20-540) FISCAL NOTE:
Effect on Local Government:
No.
Effect on the State:
No.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
Existing law provides for the election, qualifications and duties of a public administrator in securing and administering the estate of an intestate decedent.
administrator in securing and administering the estate of an intestate decedent.
Counties, the district attorney of the county serves, ex officio, as the public administrator of the county.
(Chapter 253 of NRS) For Humboldt, Lander, Lincoln, Storey and White Pine Counties, the district attorney of the county serves, ex officio, as the public administrator of the county.
(NRS 253.010) Section 3 of this bill authorizes the board of county commissioners in a county whose population is less than 100,000 (currently all counties other than Clark and the board of county commissioners in a county where the office of public3 requires administrator has been abolished to employ or contract with a person to perform the duties and functions of a public administrator within the county.
(NRS 253.010) whose population is less than 100,000 (currently all counties other than Clark and Washoe Counties) to abolish the office of public administrator.
Section 3 requires the board of county commissioners in a county where the office of public administrator has been abolished to employ or contract with a person to perform the duties and functions of a public administrator within the county.
- *SB460* – 2 – THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
248.245 In counties having a population of less than 100,000, the sheriff shall report immediately [to the public administrator] all deaths which the sheriff gains knowledge of in the performance of his or her duties [.] to the public administrator or the person employed or contracted with pursuant to section 3 of this act, as applicable.
248.245 In counties having a population of less than 100,000, the sheriff shall report immediately [to the public administrator] all - 80th Session (2019) – 2 – deaths which the sheriff gains knowledge of in the performance of his or her duties [.] to the public administrator or the person employed or contracted with pursuant to section 3 of this act, as applicable.
2.
the public administrator pursuant to subsection 1:es the office of (a) The person who was elected, appointed or serves as ex officio public administrator pursuant to NRS 253.010 is entitled to serve out the remainder of his or her term of office before the office of public administrator may be abolished;
If a board of county commissioners abolishes the office of the public administrator pursuant to subsection 1:
(a) The person who was elected, appointed or serves as ex officio public administrator pursuant to NRS 253.010 is entitled to serve out the remainder of his or her term of office before the office of public administrator may be abolished;
- *SB460* – 3 – (II) Not have been convicted of a felony for which his or her civil rights have not been restored by a court of competent jurisdiction;
(II) Not have been convicted of a felony for which his or her civil rights have not been restored by a court of competent jurisdiction;
and (III) Not have been found liable in a civil action involving a finding of fraud, misrepresentation, material omission, misappropriation, theft or conversion.
and involving a finding of fraud, misrepresentation, material omission, misappropriation, theft or conversion.
1.
- 80th Session (2019) – 3 – 1.
Public administrators must be chosen by the electors of their respective counties at the general election in 1922 and at the general their office on the first Monday of January after their election.s of 3.
Public administrators must be chosen by the electors of their respective counties at the general election in 1922 and at the general election every 4 years thereafter, and shall enter upon the duties of their office on the first Monday of January after their election.
3.
In a county other than Carson City and Humboldt, Lander, Lincoln, Storey and White Pine Counties, if, for any reason, the office of public administrator becomes vacant, the board of county - *SB460* – 4 – commissioners may appoint a public administrator for the remainder of the unexpired term.
In a county other than Carson City and Humboldt, Lander, Lincoln, Storey and White Pine Counties, if, for any reason, the office of public administrator becomes vacant, the board of county commissioners may appoint a public administrator for the remainder of Sec.
Sec.
5.xpiNRS 253.025 is hereby amended to read as follows:
5.
NRS 253.025 is hereby amended to read as follows:
2.
- 80th Session (2019) – 4 – 2.
(c) Not have been convicted of a felony for which his or her jurisdiction;
(c) Not have been convicted of a felony for which his or her civil rights have not been restored by a court of competent jurisdiction;
and not been restored by a court of competent (d) Not have been found liable in a civil action involving a finding of fraud, misrepresentation, material omission, misappropriation, theft or conversion.
and (d) Not have been found liable in a civil action involving a finding of fraud, misrepresentation, material omission, misappropriation, theft or conversion.
In counties whose population is 100,000 or more, the public administrator shall execute a bond to the State of Nevada in the - *SB460* – 5 – amount of $100,000, conditioned that the public administrator will faithfully execute the duties of the trust according to law.
In counties whose population is 100,000 or more, the public amount of $100,000, conditioned that the public administrator will faithfully execute the duties of the trust according to law.
When the gross value of a decedent’s property situated in this State does not exceed $25,000, a public administrator or a person employed or contracted with pursuant to section 3 of this act, as applicable, may, without procuring letters of administration, administer the estate of that person upon filing with the court an affidavit of his or her right to do so.
When the gross value of a decedent’s property situated in this State does not exceed $25,000, a public administrator - 80th Session (2019) – 5 – or a person employed or contracted with pursuant to section 3 of this act, as applicable, may, without procuring letters of administration, administer the estate of that person upon filing with the court an affidavit of his or her right to do so.
(b) The decedent’s place of residence at the time of his or her dea(c) That the gross value of the decedent’s property in this State does not exceed $25,000;
death;
decedent;at at least 40 days have elapsed since the death of the (e) That no application or petition for the appointment of a personal representative is pending or has been granted in this State;
The decedent’s place of residence at the time of his or her (c) That the gross value of the decedent’s property in this State does not exceed $25,000;
(d) That at least 40 days have elapsed since the death of the decedent;
(e) That no application or petition for the appointment of a personal representative is pending or has been granted in this State;
Before filing the affidavit with the court, the public administrator or a person employed or contracted with pursuant to section 3 of this act, as applicable, shall take reasonable steps to ascertain whether any of the decedent’s heirs or next of kin exist.
Before filing the affidavit with the court, the public section 3 of this act, as applicable, shall take reasonable steps to ascertain whether any of the decedent’s heirs or next of kin exist.
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If - *SB460* – 6 – the administrator or person determines that heirs or next of kin exist, the administrator or person shall serve each of them with a copy of the affidavit.
If the administrator or person determines that heirs or next of kin exist, the administrator or person shall serve each of them with a copy of the affidavit.
(b) Fails to give notice to heirs or next of kin as required by subsection 3, any money or property the affiant holds or distributes to others shall be deemed to be held in trust for those heirs and next of kin who did not receive notice and have an interest in the property.
- 80th Session (2019) – 6 – (b) Fails to give notice to heirs or next of kin as required by subsection 3, any money or property the affiant holds or distributes to others shall be deemed to be held in trust for those heirs and next of kin who did not receive notice and have an interest in the property.
6.
affidavit containing the information required by this section and the written approval of the public administrator or person employed or contracted with pursuant to section 3 of this act, as applicable, to do so:
Upon receiving proof of the death of the decedent, an affidavit containing the information required by this section and the written approval of the public administrator or person employed or contracted with pursuant to section 3 of this act, as applicable, to do (a) A transfer agent of any security shall change the registered ownership of the security claimed from the decedent to the person cla(b) A governmental agency required to issue certificates of title, ownership or registration to personal property shall issue a new certificate of title, ownership or registration to the person claiming to succeed to ownership of the property.
(a) A transfer agent of any security shall change the registered ownership of the security claimed from the decedent to the person claiming to succeed to ownership of that security.
(b) A governmental agency required to issue certificates of title, ownership or registration to personal property shall issue a new certificate of title, ownership or registration to the person claiming to succeed to ownership of the property.
Subject to the provisions of subsections 2 and 3, before the issuance of the letters of administration for an estate, before filing an affidavit to administer an estate pursuant to NRS 253.0403, before petitioning to have an estate set aside pursuant to NRS 253.0425, and without giving notice to the next of kin, the public administrator or a person employed or contracted with pursuant to section 3 of this act, as applicable, may act on behalf of the estate of a deceased person to identify and secure all tangible and intangible assets of the estate if the administrator or person finds that:
Subject to the provisions of subsections 2 and 3, before the issuance of the letters of administration for an estate, before filing an affidavit to administer an estate pursuant to NRS 253.0403, before petitioning to have an estate set aside pursuant to NRS 253.0425, and without giving notice to the next of kin, the public administrator or a person employed or contracted with pursuant to section 3 of this act, as applicable, may act on behalf and intangible assets of the estate if the administrator or personible finds that:
- *SB460* – 7 – 2.
2.
3.
- 80th Session (2019) – 7 – 3.
Sec.
9.
NRS 253.0407 is hereby amended to read as follows:
Except as otherwise provided in subsection 2, a public administrator [,] or a person employed or contracted with pursuant to section 3 of this act, as applicable, with regard to the personal property of the estate of a decedent, may donate property that has a value of less than $250 to a nonprofit organization, or destroy property that has a value of less than $100, if a notice of delivered personally to the decedent’s next of kin and the property isr not claimed within 15 days.
Except as otherwise provided in subsection 2, a:
with pursuant to section 3 of this act, as applicable, may authorize the immediate destruction of the property of a decedent, without giving notice to the next of kin, if:
public administrator [,] or a person employed or contracted with pursuant to section 3 of this act, as applicable, with regard to the personal property of the estate of a decedent, may donate property that has a value of less than $250 to a nonprofit organization, or destroy property that has a value of less than $100, if a notice of intent to donate or destroy the property is mailed by certified mail or delivered personally to the decedent’s next of kin and the property is not claimed within 15 days.
2.
A public administrator or a person employed or contracted with pursuant to section 3 of this act, as applicable, may authorize the immediate destruction of the property of a decedent, without giving notice to the next of kin, if:
(c) The property constitutes an immediate threat to public health or safety;
or safety;
(d) The handling, transfer or storage of the property may endanger public health or safety or exacerbate contamination;
property constitutes an immediate threat to public health (d) The handling, transfer or storage of the property may endanger public health or safety or exacerbate contamination;
- *SB460* – 8 – Sec.
Sec.
(1) The financial status of any decedent for whom he or she has been requested to serve as administrator to determine the assets and liabilities of the estate.
- 80th Session (2019) – 8 – (1) The financial status of any decedent for whom he or she has been requested to serve as administrator to determine the assets and liabilities of the estate.
(b) Except as otherwise provided in NRS 253.0403 and 253.0425, petition the court for letters of administration of the estate of an intestate decedent if, after investigation, the public administrator or the person employed or contracted with pursuant to section 3 of this act, as applicable, finds that there is no other qualified person having a prior right who is willing and able to serve.
253.0425, petition the court for letters of administration of the estate of an intestate decedent if, after investigation, the public administrator or the person employed or contracted with pursuant to section 3 of this act, as applicable, finds that there is no other qualified person having a prior right who is willing and able to serve.
(c) Upon court order, act as administrator of the estate of an intestate decedent, regardless of the amount of assets in the estate of the2.
(c) Upon court order, act as administrator of the estate of an intestate decedent, regardless of the amount of assets in the estate of the decedent if no other qualified person is willing and able to serve.
The public administrator or a person employed ornd able to serve.
2.
contracted with pursuant to section 3 of this act, as applicable, sha(a) Held in joint tenancy unless all joint tenants are deceased;
The public administrator or a person employed or contracted with pursuant to section 3 of this act, as applicable, shall not administer any estate:
(a) Held in joint tenancy unless all joint tenants are deceased;
In a county whose population is less than 100,000, the board of county commissioners may, by ordinance, require the public administrator or the person employed or contracted with pursuant to section 3 of this act, as applicable, to notify or obtain approval from the board of county commissioners before transporting outside the county any property of a decedent for whose estate the public administrator or person serves as administrator.
In a county whose population is less than 100,000, the board of county commissioners may, by ordinance, require the public administrator or the person employed or contracted with pursuant to section 3 of this act, as applicable, to notify or obtain approval the county any property of a decedent for whose estate the publice administrator or person serves as administrator.
- *SB460* – 9 – 1.
1.
Require any spouse, parent, child or other kindred of the decedent to give any information and to execute any written requests or authorizations necessary to provide the public administrator or person with access to records, otherwise confidential, needed to evaluate the public administrator’s or person’s eligibility to serve.
Require any spouse, parent, child or other kindred of the decedent to give any information and to execute any written requests or authorizations necessary to provide the public administrator or person with access to records, otherwise - 80th Session (2019) – 9 – confidential, needed to evaluate the public administrator’s or person’s eligibility to serve.
Sec.
12.
NRS 253.0425 is hereby amended to read as follows:
(a) Assist a proper person to petition to have it set aside without facts may warrant;directly receive the assets from a custodian, as the (b) Himself or herself petition to have the estate set aside wit(c) Administer the estate pursuant to NRS 253.0403.
(a) Assist a proper person to petition to have it set aside without administration or directly receive the assets from a custodian, as the facts may warrant;
(b) Himself or herself petition to have the estate set aside without administration and properly distributed;
or (c) Administer the estate pursuant to NRS 253.0403.
(a) The public administrator or person employed or contracted with pursuant to section 3 of this act, as applicable, shall proceed with summary or full administration as the value of the estate requires.
(a) The public administrator or person employed or contracted with pursuant to section 3 of this act, as applicable, shall proceed with summary or full administration as the value of the estate req(b) The public administrator or person employed or contracted with pursuant to section 3 of this act, as applicable, may retain an attorney to assist him or her, rotating this employment in successive estates among the attorneys practicing in the county who are qualified by experience and willing to serve.
(b) The public administrator or person employed or contracted with pursuant to section 3 of this act, as applicable, may retain an attorney to assist him or her, rotating this employment in successive estates among the attorneys practicing in the county who are qualified by experience and willing to serve.
- *SB460* – 10 – [1.] (a) Be provided with sufficient facilities and supplies for the proper performance of his or her duties.
[1.] (a) Be provided with sufficient facilities and supplies for the proper performance of his or her duties.
[2.] (b) Employ subordinates necessary for the proper performance of his or her duties.
- 80th Session (2019) – 10 – [2.] (b) Employ subordinates necessary for the proper performance of his or her duties.
253.0447 [A] 1.
253.0447 [A] administrator may file with the board of county commissioners a request for payment for expenses incurred in the performance of such duties.
Except as otherwise provided in subsection 2, a public administrator may file with the board of county commissioners a request for payment for expenses incurred in the performance of such duties.
253.050 1.RS 2For the administration of the estates of deceased persons [, public] :
Sec.
administrators or executors are paid, subject to the provisions of NRS 245.043.
15.
(b) Persons employed or contracted with pursuant to section 3 of this act are entitled to be paid as other administrators or executors are paid.
NRS 253.050 is hereby amended to read as follows:
2.
253.050 1.
For the administration of the estates of deceased persons [, public] :
(a) Public administrators are entitled to be paid as other administrators or executors are paid, subject to the provisions of NRS 245.043.
(b) Persons employed or contracted with pursuant to section 3 of this act are entitled to be paid as other administrators or exe2.
- *SB460* – 11 – 4.
- 80th Session (2019) – 11 – 4.
In a county where the office of public administer has been abolished pursuant to section 3 of this act, any compensation or fees described in subsections 1 and 3 or otherwise provided by law for the administration of an estate of a deceased person to which the person employed or contracted with pursuant to section 3 of this act is entitled must be paid into the county general fund.
In a county where the office of public administer has been fees described in subsections 1 and 3 or otherwise provided by law for the administration of an estate of a deceased person to which the person employed or contracted with pursuant to section 3 of this act is entitled must be paid into the county general fund.
253.070 All persons, and especially all civil officers, shall give all information in their possession to public administrators and act respecting estates and the property and condition thereof, upon which no other person has then administered.
253.070 All persons, and especially all civil officers, shall give all information in their possession to public administrators and persons employed or contracted with pursuant to section 3 of this act respecting estates and the property and condition thereof, upon which no other person has then administered.
253.080.
NPublic administrators and persons employed orws:
contracted with pursuant to section 3 of this act shall institute, maintain and prosecute all necessary actions at law and in equity for the recovery and for the protection of the property, debts, papers or other estate of any deceased person upon whose estate they may be administering.
18.
NRS 253.080 is hereby amended to read as follows:
253.080 Public administrators and persons employed or contracted with pursuant to section 3 of this act shall institute, the recovery and for the protection of the property, debts, papers or other estate of any deceased person upon whose estate they may be administering.
Sec.
(c) Investigate any complaint received by the board against the public administrator or a person employed or contracted with pursuant to section 3 of this act and take any appropriate action it deems necessary to resolve the complaint.
(c) Investigate any complaint received by the board against the public administrator or a person employed or contracted with - 80th Session (2019) – 12 – pursuant to section 3 of this act and take any appropriate action it deems necessary to resolve the complaint.
- *SB460* – 12 – 2.
2.
In a county whose population is less than 100,000, the board of county commissioners may, by ordinance, require that, on or before March 1 of each year, the public administrator or person employed or contracted with pursuant to section 3 of this act, as applicable, submit to the board of county commissioners an independent audit report prepared by a certified public accountant of the records and office of the public administrator [.] , or the records of the person, as applicable.
In a county whose population is less than 100,000, the board of county commissioners may, by ordinance, require that, on or before March 1 of each year, the public administrator or person applicable, submit to the board of county commissioners anact, as independent audit report prepared by a certified public accountant of the records and office of the public administrator [.] , or the records of the person, as applicable.
2.
Associated in business with anyone so interested.
Public administrators shall, at the expiration of books or papers belonging or appertaining to the office, including allthe exhibits, estates, money and property in their possession;
Public administrators shall, at the expiration of their terms of office, surrender up to their successors in office all the exhibits, estates, money and property in their possession;
but upon the expiration of the term of office of any public administrator before the entry of a decree of distribution in any estate for which the public administrator is the duly appointed, qualified and acting administrator, if good cause be shown therefor, the court shall enter an order in such estate, authorizing and directing a person to whom letters have been issued, to close up the estate as expeditiously as possible, or the court shall enter an order requiring the filing of a petition for letters by the successor in office of the public administrator.
but uponall the expiration of the term of office of any public administrator before the entry of a decree of distribution in any estate for which the public administrator is the duly appointed, qualified and acting administrator, if good cause be shown therefor, the court shall enter an order in such estate, authorizing and directing a person to whom letters have been issued, to close up the estate as expeditiously as possible, or the court shall enter an order requiring the filing of a petition for letters by the successor in office of the public administrator.
Persons employed or contracted with pursuant to section 3 of this act shall, at the expiration of their employment or contract, surrender up to the board of county commissioners all the books or papers belonging or appertaining to the person in relation to performing the duties and responsibilities set forth in this chapter and any other provision of law relating to administering an estate on behalf of the county, including all exhibits, estates, money and - *SB460* – 13 – property in their possession.
Persons employed or contracted with pursuant to section 3 of this act shall, at the expiration of their employment or contract, surrender up to the board of county commissioners all the books - 80th Session (2019) – 13 – or papers belonging or appertaining to the person in relation to performing the duties and responsibilities set forth in this chapter and any other provision of law relating to administering an estate on behalf of the county, including all exhibits, estates, money and property in their possession.
Upon the expiration of the employment or contract, before the entry of a decree of distribution in any estate for which the person is the duly appointed, qualified and acting administrator, if good cause be shown therefor, the court shall enter an order in such estate, authorizing and directing a person to whom letters have been issued, to close up the estate as expeditiously as possible, or the court shall enter an order requiring the filing of a petition for letters by the successor.
Upon the expiration of the employment or contract, before the entry of a decree of distribution in any estate for which the person is the duly appointed, qualified and acting administrator, if good cause be shown therefor, the court shall enter an order in such estate, issued, to close up the estate as expeditiously as possible, or the court shall enter an order requiring the filing of a petition for letters by the successor.
or (b) Give written notice to the public administrator or a person applicable, of his or her intention to sell such property at public sale.
or (b) Give written notice to the public administrator or a person employed or contracted with pursuant to section 3 of this act, as applicable, of his or her intention to sell such property at public sal2.
paragraph (b) of subsection 1, the public administrator or a person employed or contracted with pursuant to section 3 of this act, as applicable, claims the property for disposition, the county treasurer shall deliver it to him or her.
If within 10 days after the giving of notice pursuant to paragraph (b) of subsection 1, the public administrator or a person employed or contracted with pursuant to section 3 of this act, as applicable, claims the property for disposition, the county treasurer shall deliver it to him or her.
Sec.
- 80th Session (2019) – 14 – Sec.
- *SB460* – 14 – (d) The brother or the sister.
(d) The brother or the sister.
(e) The grandchildren.
or (2) A banking corporation which is authorized to do business in this State or which:
or in this State or which:rporation which is authorized to do business (I) Associates as coadministrator a resident of the State of Nevada or a banking corporation authorized to do business in this State;
Nevada or a banking corporation authorized to do business in thise of State;
or (II) Is named as personal representative in the will if the will is the subject of a pending petition for probate, and the court in its discretion believes it would be appropriate to make such an appointment.
or will is the subject of a pending petition for probate, and the court in its discretion believes it would be appropriate to make such an appointment.
That priority is independent of the residence or corporate qualification of the nominator.
- 80th Session (2019) – 15 – That priority is independent of the residence or corporate qualification of the nominator.
An agreement between an heir finder and an apparent heir, the primary purpose of which is to locate, recover or assist in the recovery of an estate for which the public administrator or person employed or contracted with pursuant to section 3 of - *SB460* – 15 – this act, as applicable, has petitioned for letters of administration, is void and unenforceable if the agreement is entered into during the period beginning with the death of the person whose estate is in probate until 90 days thereafter.
An agreement between an heir finder and an apparent heir, the primary purpose of which is to locate, recover or or person employed or contracted with pursuant to section 3 ofistrator this act, as applicable, has petitioned for letters of administration, is void and unenforceable if the agreement is entered into during the period beginning with the death of the person whose estate is in probate until 90 days thereafter.
or (c) An attorney providing legal services to a decedent’s family member if the attorney has not agreed to pay to any other person a portion of the fees received from the family member or the family member’s interest in the decedent’s estate.
or (c) An attorney providing legal services to a decedent’s family portion of the fees received from the family member or the familya member’s interest in the decedent’s estate.
If a decedent leaves no real property, nor interest value of the decedent’s property in this State, over and above anys amounts due to the decedent for services in the Armed Forces of the decedent, does not exceed the applicable amount, a person who hashe a right to succeed to the property of the decedent pursuant to the laws of succession for a decedent who died intestate or pursuant to the valid will of a decedent who died testate, on behalf of all persons entitled to succeed to the property claimed, or the Director of the Department of Health and Human Services or , as applicable, the public administrator or a person employed or contracted with pursuant to section 3 of this act, on behalf of the State or others entitled to the property, may, 40 days after the death of the decedent, without procuring letters of administration or awaiting the probate of the will, collect any money due the decedent, receive the property of the decedent, and have any evidences of interest, indebtedness or right transferred to the claimant upon furnishing the person, representative, corporation, officer or body owing the money, having custody of the property or acting as registrar or transfer agent of the evidences of interest, indebtedness or right, with an affidavit showing the right of the affiant or affiants to receive the money or property or to have the evidence transferred.
If a decedent leaves no real property, nor interest therein, nor mortgage or lien thereon, in this State, and the gross value of the decedent’s property in this State, over and above any amounts due to the decedent for services in the Armed Forces of the United States and the value of any motor vehicles registered to the decedent, does not exceed the applicable amount, a person who has a right to succeed to the property of the decedent pursuant to the laws of succession for a decedent who died intestate or pursuant to the valid will of a decedent who died testate, on behalf of all persons entitled to succeed to the property claimed, or the Director of the - 80th Session (2019) – 16 – Department of Health and Human Services or , as applicable, the public administrator or a person employed or contracted with pursuant to section 3 of this act, on behalf of the State or others entitled to the property, may, 40 days after the death of the decedent, without procuring letters of administration or awaiting the probate of the will, collect any money due the decedent, receive the property of the decedent, and have any evidences of interest, indebtedness or right transferred to the claimant upon furnishing the person, representative, corporation, officer or body owing the money, of the evidences of interest, indebtedness or right, with an affidavitt showing the right of the affiant or affiants to receive the money or property or to have the evidence transferred.
- *SB460* – 16 – 2.
2.
(f) That all debts of the decedent, including funeral and burial expenses, and money owed to the Department of Health and Human Services as a result of the payment of benefits for Medicaid, have been paid or provided for;
(f) That all debts of the decedent, including funeral and burial Services as a result of the payment of benefits for Medicaid, have been paid or provided for;
(h) That the affiant has given written notice, by personal service or by certified mail, identifying the affiant’s claim and describing decedent’s property is equal or superior to that of the affiant, and that at least 14 days have elapsed since the notice was served or mai(i) That the affiant is personally entitled, or the Department of Health and Human Services is entitled, to full payment or delivery of the property claimed or is entitled to payment or delivery on behalf of and with the written authority of all other successors who have an interest in the property;
(h) That the affiant has given written notice, by personal service or by certified mail, identifying the affiant’s claim and describing the property claimed, to every person whose right to succeed to the decedent’s property is equal or superior to that of the affiant, and that at least 14 days have elapsed since the notice was served or mailed;
(i) That the affiant is personally entitled, or the Department of Health and Human Services is entitled, to full payment or delivery of the property claimed or is entitled to payment or delivery on - 80th Session (2019) – 17 – behalf of and with the written authority of all other successors who have an interest in the property;
(a) Submits an affidavit which does not meet the requirements of subsection 2 or which contains statements which are not entirely true, any money or property the affiant receives is subject to all debts of the decedent.
(a) Submits an affidavit which does not meet the requirements of subsection 2 or which contains statements which are not entirely debts of the decedent.perty the affiant receives is subject to all (b) Fails to give notice to other successors as required by subsection 2, any money or property the affiant receives is held by the affiant in trust for all other successors who have an interest in the property.
(b) Fails to give notice to other successors as required by subsection 2, any money or property the affiant receives is held by the affiant in trust for all other successors who have an interest in the property.
4.
- *SB460* – 17 – 4.
The governmental agency may not refuse to accept an affidavit containing the information required by this section, regardless of the form of the affidavit.
The governmental agency may not refuse to accept an affidavit containing the information req6.redIf any property of the estate not exceeding the applicable amount is located in a state which requires an order of a court for the transfer of the property, or if the estate consists of stocks or bonds which must be transferred by an agent outside this State, any person qualified pursuant to the provisions of subsection 1 to have the stocks or bonds or other property transferred may do so by obtaining a court order directing the transfer.
6.
If any property of the estate not exceeding the applicable amount is located in a state which requires an order of a court for the transfer of the property, or if the estate consists of stocks or bonds which must be transferred by an agent outside this State, any person qualified pursuant to the provisions of subsection 1 to have the stocks or bonds or other property transferred may do so by obtaining a court order directing the transfer.
(a) A specific description of all the property of the decedent.
(d) The names, ages of any minors and residences of theedent.
(c) An estimate of the value of the property of the decedent.
decedent’s heirs and devisees.
- 80th Session (2019) – 18 – (d) The names, ages of any minors and residences of the decedent’s heirs and devisees.
If the court finds that the gross value of the estate does not exceed the applicable amount and the person requesting the transfer is entitled to it, the court may enter an order directing the transfer.
If the court finds that the gross value of the estate does not exceed the applicable amount and the person requesting the transfer is 7.titAs used in this section, “applicable amount” means:he transfer.
7.
As used in this section, “applicable amount” means:
- *SB460* – 18 – (a) Any which reflect records of conviction only;
(a) Any which reflect records of conviction only;
(c) Reported to the Central Repository.
3.) RAn agency of criminal justice shall disseminate to a prospective employer, upon request, records of criminal history concerning a prospective employee or volunteer which are the result of a name-based inquiry and which:
3.
An agency of criminal justice shall disseminate to a prospective employer, upon request, records of criminal history concerning a prospective employee or volunteer which are the result of a name-based inquiry and which:
history for the purposes of NRS 179A.150.he record of criminal (b) The person who is the subject of the record of criminal licensing, disciplinary or other proceeding to which the information is relevant.
(a) The person who is the subject of the record of criminal history for the purposes of NRS 179A.150.
- 80th Session (2019) – 19 – (b) The person who is the subject of the record of criminal history when the subject is a party in a judicial, administrative, licensing, disciplinary or other proceeding to which the information is relevant.
(f) A public administrator or a person employed or contracted with pursuant to section 3 of this act, as applicable, to carry out the duties as prescribed in chapter 253 of NRS.
(f) A public administrator or a person employed or contracted duties as prescribed in chapter 253 of NRS.applicable, to carry out the (g) A public guardian to investigate a protected person or proposed protected person or persons who may have knowledge of assets belonging to a protected person or proposed protected person.
(g) A public guardian to investigate a protected person or proposed protected person or persons who may have knowledge of assets belonging to a protected person or proposed protected person.
- *SB460* – 19 – (j) Persons and agencies authorized by statute, ordinance, executive order, court rule, court decision or court order as construed by appropriate state or local officers or agencies.
(j) Persons and agencies authorized by statute, ordinance, executive order, court rule, court decision or court order as construed by appropriate state or local officers or agencies.
(l) Any reporter or editorial employee who is employed or affiliated with a newspaper, press association or commercially operated, federally licensed radio or television station who requests a record of a named person or aggregate information for statistical purposes, excluding any personal identifying information, in a professional capacity for communication to the public.
affiliated with a newspaper, press association or commercially operated, federally licensed radio or television station who requests a record of a named person or aggregate information for statistical purposes, excluding any personal identifying information, in a professional capacity for communication to the public.
Department of Health and Human Services or its designated the representative, as needed to ensure the safety of investigators and cas(q) The Aging and Disability Services Division of the Department of Health and Human Services or its designated representative, as needed to ensure the safety of investigators and caseworkers.
- 80th Session (2019) – 20 – (p) The Division of Welfare and Supportive Services of the Department of Health and Human Services or its designated representative, as needed to ensure the safety of investigators and caseworkers.
(r) An agency of this or any other state or the Federal Government that is conducting activities pursuant to Part D of Subchapter IV of Chapter 7 of Title 42 of the Social Security Act, 42 U.S.C.
(q) The Aging and Disability Services Division of the Department of Health and Human Services or its designated representative, as needed to ensure the safety of investigators and caseworkers.
(r) An agency of this or any other state or the Federal Subchapter IV of Chapter 7 of Title 42 of the Social Security Act, U.S.C.
(z) The Committee on Domestic Violence appointed pursuant to NRS 228.470 when, pursuant to NRS 228.495, the Committee is - *SB460* – 20 – reviewing the death of the victim of a crime that constitutes domestic violence pursuant to NRS 33.018.
(z) The Committee on Domestic Violence appointed pursuant to NRS 228.470 when, pursuant to NRS 228.495, the Committee is reviewing the death of the victim of a crime that constitutes domestic violence pursuant to NRS 33.018.
Agencies of criminal justice in this State which receive information from sources outside this State concerning transactions involving criminal justice which occur outside Nevada shall treat the information as confidentially as is required by the provisions of this chapter.
Agencies of criminal justice in this State which receive information from sources outside this State concerning transactions involving criminal justice which occur outside Nevada shall treat the chapter.ion as confidentially as is required by the provisions of this Sec.
Sec.
The Attorney General, State Controller, district attorney, Department of Taxation, Director of the Department of Health and Human Services, Administrator of the Securities Division of the Office of the Secretary of State, public administrator [,] or person employed or contracted with pursuant to section 3 of this act, as applicable, sheriff or a police department from requesting of a financial institution, and the institution from responding to the financial institution and, if so, any identifying numbers of thethat account or accounts.
The Attorney General, State Controller, district attorney, Department of Taxation, Director of the Department of Health and Human Services, Administrator of the Securities Division of the Office of the Secretary of State, public administrator [,] or person employed or contracted with pursuant to section 3 of this act, as - 80th Session (2019) – 21 – applicable, sheriff or a police department from requesting of a financial institution, and the institution from responding to the request, as to whether a person has an account or accounts with that financial institution and, if so, any identifying numbers of the account or accounts.
contact with and thereafter communicating with and disclosing theng financial records of a customer to appropriate governmental agencies concerning a suspected violation of any law.
3.
4.
A financial institution, in its discretion, from initiating contact with and thereafter communicating with and disclosing the financial records of a customer to appropriate governmental agencies concerning a suspected violation of any law.
Disclosure of the financial records of a customer incidental to a transaction in the normal course of business of the financial institution if the director, officer, employee or agent of the financial institution who makes or authorizes the disclosure has no reasonable cause to believe that such records will be used by a governmental agency in connection with an investigation of the customer.
to a transaction in the normal course of business of the financialal institution if the director, officer, employee or agent of the financial institution who makes or authorizes the disclosure has no reasonable cause to believe that such records will be used by a governmental agency in connection with an investigation of the customer.
- *SB460* – 21 – 7.
7.
9.
consumer credit report from anyone other than a financialort or institution.
A governmental agency from obtaining a credit report or consumer credit report from anyone other than a financial institution.
A financial institution may charge a reasonable fee, not to exceed $2, to provide a public administrator or a person employed or contracted with pursuant to section 3 of this act, as applicable, with a statement pursuant to the provisions of this section.
A financial institution may charge a reasonable fee, not to exceed $2, to provide a public administrator or a person employed or - 80th Session (2019) – 22 – contracted with pursuant to section 3 of this act, as applicable, with a statement pursuant to the provisions of this section.
(b) An official custodian with plenary authority, including control over money belonging to, or held for the benefit of, the State corporations, courts, or public agencies, boards, commissions oripal committees.
(a) The State Treasurer.
(b) An official custodian with plenary authority, including control over money belonging to, or held for the benefit of, the State or any of its political subdivisions, public corporations, municipal committees.
- *SB460* – 22 – (a) A Native American tribe or an agent or representative thereof;
(a) A Native American tribe or an agent or representative thereof;
(b) The Federal Government or an agent or representative thereof;
thereof;
or (c) The Public Employees’ Retirement System or an agent or representative thereof.
orFederal Government or an agent or representative (c) The Public Employees’ Retirement System or an agent or representative thereof.
If there is no demand made upon the administrative officer of the facility by the decedent’s legally appointed representative, all personal property of the decedent remaining in the custody or possession of the administrative officer must be held by the officer for a period of 1 year from the date of the decedent’s death for the benefit of the heirs, legatees or successors of the decedent.
If there is no demand made upon the administrative officer of the facility by the decedent’s legally appointed representative, all personal property of the decedent remaining in the custody or possession of the administrative officer must be held by the officer for a period of 1 year from the date of the decedent’s death for the - 80th Session (2019) – 23 – benefit of the heirs, legatees or successors of the decedent.
After 15 business days, all personal property and documents of the decedent, other than cash, remaining unclaimed in the possession of the administrative officer must be disposed of as fol1.ws:All documents must be filed by the administrative officer with [the] :
After 15 business days, all personal property and documents of the decedent, other than cash, remaining unclaimed in the possession of the administrative officer must be disposed of as follows:
consumer was admitted [.] ;
1.
orr of the county from which the (b) If the office of public administrator has been abolished pursuant to section 3 of this act, the person employed or contracted with pursuant to section 3 of this act to carry out the duties and responsibilities of chapter 253 of NRS in the county from which the consumer was admitted, as applicable.
All documents must be filed by the administrative officer wit(a) The public administrator of the county from which the consumer was admitted [.] ;
or (b) If the office of public administrator has been abolished pursuant to section 3 of this act, the person employed or contracted with pursuant to section 3 of this act to carry out the duties and responsibilities of chapter 253 of NRS in the county from which the consumer was admitted,  as applicable.
If there is no demand made upon the administrative officer of the facility by the decedent’s legally appointed representative, all personal property of the decedent remaining in the custody or - *SB460* – 23 – possession of the administrative officer must be held by the officer for a period of 1 year from the date of the decedent’s death for the benefit of the heirs, legatees or successors of the decedent.
If there is no demand made upon the administrative officer of the facility by the decedent’s legally appointed representative, all personal property of the decedent remaining in the custody or for a period of 1 year from the date of the decedent’s death for the benefit of the heirs, legatees or successors of the decedent.
or (b) If the office of public administrator has been abolished pursuant to section 3 of this act, the person employed or contracted with pursuant to section 3 of this act to carry out the duties and responsibilities of chapter 253 of NRS in the county from which the consumer was admitted, as applicable.
or - 80th Session (2019) – 24 – (b) If the office of public administrator has been abolished pursuant to section 3 of this act, the person employed or contracted with pursuant to section 3 of this act to carry out the duties and responsibilities of chapter 253 of NRS in the county from which the consumer was admitted, as applicable.
440.250 1.RS 4Not later than the fifth day of each month, deputy county health officers shall file with the county health officer all ori2.nalWithin 5 days after receipt of the original death certificates, the county health officer shall file with the public administrator or a person employed or contracted with pursuant to section 3 of this act, as applicable, a written list of the names and social security numbers of all deceased persons and the names of their next of kin as those names appear on the certificates.
440.250 1.RS 44Not later than the fifth day of each month, deputy county health officers shall file with the county health officer all original birth and death certificates executed by them.
2.
Within 5 days after receipt of the original death certificates, the county health officer shall file with the public administrator or a person employed or contracted with pursuant to section 3 of this act, as applicable, a written list of the names and social security numbers of all deceased persons and the names of their next of kin as those names appear on the certificates.
As used in this section, “administrator” includes servicers or administrators of individual retirement accounts within the meaning of section 408(a) of the Internal Revenue Code of 1986, 26 U.S.C.
As used in this section, “administrator” includes servicers or administrators of individual retirement accounts within the meaning 408(a), where the servicer or administrator holds itself out to the public for performance of such services and holds or maintains an ownership interest in the servicing rights of such accounts, or possesses or controls any of the assets of such accounts, including cash.
§ 408(a), where the servicer or administrator holds itself out to the - *SB460* – 24 – public for performance of such services and holds or maintains an ownership interest in the servicing rights of such accounts, or possesses or controls any of the assets of such accounts, including cash.
A public administrator , [or] deputy designated by the public administrator or a person employed or contracted with pursuant to section 3 of this act, as applicable, may submit a written request to a public utility for the name and address of a person listed in the records of the public utility if the information is necessary to assist the public administrator or a person employed or contracted with pursuant to section 3 of this act, as applicable, in carrying out the public administrator’s or person’s duties pursuant to chapter 253 of NRS.
A public administrator , [or] deputy designated by the public administrator or a person employed or contracted with pursuant to section 3 of this act, as applicable, may submit a written request to a public utility for the name and address of a person listed in the records of the public utility if the information is necessary to assist the public administrator or a person employed or contracted with pursuant to section 3 of this act, as applicable, in - 80th Session (2019) – 25 – carrying out the public administrator’s or person’s duties pursuant to chapter 253 of NRS.
A disclosure made in good faith pursuant to subsection 1 does not give rise to any action for damages for the disclosure of the name and address of a customer by a public utility.
A disclosure made in good faith pursuant to subsection 1 name and address of a customer by a public utility.e disclosure of the Sec.
chapter 213, Statutes of Nevada 1969, as last amended by chapter 341, Statutes of Nevada 1999, at page 1408, is hereby amended to read as fSec.
36.
Section 3.030 of the Charter of Carson City, being chapter 213, Statutes of Nevada 1969, as last amended by chapter 341, Statutes of Nevada 1999, at page 1408, is hereby amended to read as follows:
Sec.
After approval of the journal at each meeting of the Board, the Clerk shall attest the journal after it has been signed by the Mayor.
After approval of the journal at each meeting of the Board, the Clerk shall attest the journal after it has been signed by the(c) Enter in the journal the results of the vote of the Board upon the passage of ordinances or of any resolution appropriating money, abolishing licenses, or increasing or decreasing the rates of licenses.
(c) Enter in the journal the results of the vote of the Board upon the passage of ordinances or of any resolution - *SB460* – 25 – appropriating money, abolishing licenses, or increasing or decreasing the rates of licenses.
The provisions of chapter 247 of NRS apply to the Clerk while acting in that capacity, except that all deputy recorders other than the two provided for in section 2.330 must be appointed pursuant to and as governed by the regulations for the Merit Personnel System.
The provisions of chapter of NRS apply to the Clerk while acting in that capacity, except that all deputy recorders other than the two provided for in section 2.330 must be appointed pursuant to and as governed by the regulations for the Merit Personnel System.
The provisions of chapter 253 of NRS apply to the Office of Clerk while performing the duties of Public Administrator.
The provisions of chapter 253 of NRS apply to the - 80th Session (2019) – 26 – Office of Clerk while performing the duties of Public Administrator.
or (2) The provisions of Nevada Revised Statutes, which apply to county clerks.
or which apply to county clerks.vada Revised Statutes, 3.
3.
The Clerk shall not engage in any other business or occupation that creates a conflict of interest occupation and his or her official duties.e business or Sec.
The Clerk shall not engage in any other business or occupation that creates a conflict of interest between his or her personal interest in the business or occupation and his or her official duties.
Sec.
H - *SB460*
~~~~~ 19 - 80th Session (2019)
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Action History

  1. Approved by the Governor. Chapter 270.

  2. Enrolled and delivered to Governor.

  3. In Senate. To enrollment.

  4. Read third time. Passed. Title approved. (Yeas: 39, Nays: None, Excused: 2, Vacant: 1.) To Senate.

  5. Taken from General File. Placed on General File for next legislative day.

  6. Taken from General File. Placed on General File for next legislative day.

  7. Taken from General File. Placed on General File for next legislative day.

  8. Taken from General File. Placed on General File for next legislative day.

  9. Read second time.

  10. From committee: Do pass.

  11. In Assembly. Read first time. Referred to Committee on Government Affairs. To committee.

  12. Read third time. Passed. Title approved. (Yeas: 21, Nays: None.) To Assembly.

  13. Read second time.

  14. From committee: Do pass.

  15. From printer. To committee.

  16. Read first time. Referred to Committee on Government Affairs. To printer.

Sponsors

  • Senate Committee on Government Affairs · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 66 not signed on

Sponsors (1)

  • Senate Committee on Government Affairs

Co-sponsors (0)

None.

Not signed on (66)

66 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

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Frequently asked questions

What does SB 460 do?
AN ACT relating to public administrators; authorizing the boards of county commissioners of certain counties to abolish the office of public administrator; requiring the board of county commissioners to employ or contract for the services of a person to carry out the duties of a public administrator in a county where the office has been abolished; and providing other matters properly relating thereto.
Who sponsors SB 460?
SB 460 is sponsored by Senate Committee on Government Affairs.
What is the current status of SB 460?
This bill has been enacted into law. Introduced March 25, 2019. Enacted.
Where can I track SB 460?
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