Nevada § 139.040 - Order of priority for right to appointment; priority of nominee

§ 139.040. Order of priority for right to appointment; priority of nominee

1. Administration of the intestate estate of a decedent must be granted to one or

more of the persons mentioned in this section, and they are respectively entitled

to priority for appointment in the following order: (a) The surviving spouse. (b) The children. (c) A parent. (d) The brother or the sister. (e) The grandchildren. (f) Any other of the kindred entitled to share in the distribution of the estate. (g) The public administrator or a person employed or contracted with pursuant to NRS 253.125 , as applicable. (h) Creditors who have become such during the lifetime of the decedent. (i) Any of the kindred not above enumerated, within the fourth degree of consanguinity. (j) Any person or persons legally qualified. 2. A person in each of the foregoing classes is entitled: (a) To appointment, if the person is: (1) A resident of the State of Nevada or the person: (I) Associates as coadministrator a resident of the State of Nevada or a banking corporation

authorized to do business in this 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 (2) A banking corporation which is authorized to do business in this State or which: (I) Associates as coadministrator a resident of the State of Nevada or a banking corporation

authorized to do business in this 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. (b) To nominate a resident of the State of Nevada or a qualified banking corporation

for appointment, whether or not the nominator is a resident of the State of Nevada

or a qualified banking corporation. The nominee has the same priority as the nominator. That priority is independent of the residence or corporate qualification of the

nominator. 3. If any heir who is otherwise entitled to appointment is a minor or an incapacitated

person for whom a guardian has been appointed, the court may appoint the guardian

of the minor or incapacitated person as administrator.