Petition for order to convey, transfer or deliver property: Conditions; contents; hearing and notice; response; effect if order granted.
1. The personal representative or an interested person may petition the court to enter an order:
(a) If the decedent died in possession of, or holding title to, property and the property or an interest in it is claimed by another.
(b) If the decedent died having a claim to property and another holds title to or is in possession of the property.
2. The petition must state the facts upon which it is based and the name and address of each person entitled to notice of the petition.
3. Upon the filing of the petition, the clerk shall set it for hearing and the petitioner shall give notice of the hearing, at least 30 days before the time set, to:
(a) All interested persons, in the manner provided in NRS 155.010.
(b) Each person claiming an interest in, or having title to or possession of the property, and any other person whose right, title or interest in or to the property would be affected by the granting of the petition, in the manner provided in NRS 155.040.
(c) Any other person, in the manner directed by the court.
4. An interested person may request time for filing a response to the petition, for discovery or for other preparation for the hearing, and the court may grant a continuance for a reasonable time.
5. The court shall not grant a petition under this section if it determines that the matter should be determined by a civil action.
6. A person having or claiming title to or an interest in the property which is the subject of the petition may, at or before the hearing, object to the hearing if the petition is filed in a court which is not the proper court under other law for the trial of a civil action seeking the same relief, and if the ground for the objection is established, the court shall not grant the petition.
7. If a civil action is pending with respect to the subject matter of the petition and jurisdiction was obtained in the court where that action is pending before the petition was filed, upon request of a party to the civil action, the court shall stay action on the petition until the conclusion of the civil action, but the court need not stay action if it determines that the civil action was filed for the purpose of delay.
8. Except as otherwise provided in subsection 5, 6 or 7, if the court is satisfied that a conveyance, transfer, delivery or other disposition should be made, the court shall enter an order directing the personal representative or other person having title to or possession of the property to convey, transfer or deliver it to the person entitled thereto or granting other appropriate relief.
9. If an order is entered pursuant to subsection 8:
(a) The order is prima facie evidence of the correctness of the proceedings and of the personal representative or other person to execute the conveyance or transfer.
(b) The person entitled under the order has the right to possession of the property, and the right to hold the property, according to the terms of the order as if the property had been conveyed or transferred.
(c) The personal representative or other person to whom the order is directed shall execute the conveyance or transfer according to the terms of the order.
(d) A conveyance or transfer by the personal representative passes title to the property as fully as if the decedent had executed it while living.
Last modified: February 25, 2006