Can I File Pro Se to Remove an Adminsitrator of an Estate?
Full Question:
Answer:
Petitions to remove an administrator are not required to be filed by an attorney.
Please see the following are NV statutes:
NRS 139.140 Right of person with priority to petition for revocation and
reissuance of letters.
When letters of administration have been granted to any person other than
the surviving spouse or the spouse's nominee, or the child, father, mother,
brother or sister of the decedent, any one of them, if otherwise qualified,
may obtain the revocation of the letters by presenting to the court a
petition requesting the revocation, and that letters of administration be
issued to the petitioner.
NRS 139.150 Procedure.
1. If a petition for revocation is filed, notice must be given as in the
case of an original petition, and the petitioner shall serve a citation on
the administrator to appear and answer the petition at the time appointed
for the hearing. The citation must be served on the administrator in
accordance with NRS 155.050 at least 10 days before the date of the
hearing.
2. At the time appointed, upon proof that the citation, together with a
copy of the petition, has been duly served and notice given as required in
subsection 1, the court shall take evidence upon the petition, and if the
right of the petitioner is established, and he is qualified, letters of
administration must be granted to him and the letters of the former
administrator revoked. The former administrator shall promptly file an
accounting in accordance with NRS 150.080.
NRS 139.160 Assertion of prior right.
The surviving spouse, or nominee of the surviving spouse, when letters of
administration have been granted to a child, parent, brother or sister of
the decedent, or any of those relatives, when letters have been granted to
any other of them, may assert the prior right of the spouse or nominee, and
obtain letters of administration, and have the previous letters revoked in
the manner prescribed in NRS 139.150.
NRS 139.170 Discretion of court.
The court may refuse to grant letters of administration as provided in
this chapter to any person or to the nominee of any person who had actual
notice of the first petition and an opportunity to contest it.
139.010 No person is entitled to letters of administration who:
if the person:
1. Is under the age of majority;
2. Has been convicted of a felony, unless the court
determines that such a conviction should not disqualify the person from
serving in the position of an administrator;
3. Upon proof, is adjudged by the court disqualified by reason of
conflict of interest, drunkenness, improvidence, or lack of integrity or
understanding; or
4. Is not a resident of the State of Nevada, unless the person:
(a) Associates as co-administrator a resident of the State of
Nevada or a banking corporation authorized to do
business in this State.; or
(b) 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
5. Is a banking corporation that is not authorized to do business in
this State, unless the banking corporation:
(a) Associates as coadministrator a resident of the State of Nevada or
a banking corporation authorized to do business in this State; or
(b) 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.
Sec. 11. NRS 139.040 is hereby amended to read as follows:
139.040 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) The father or the mother.
(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.
(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 associatesthe 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 incompetent person for whom a guardian has been appointed, the court
may appoint the guardian of the minor or incompetent person as
administrator.