Executors and Administrators in Nevada: Who Serves and How

Part of my Nevada Wills & Probate Guide.

By Ronald W. Brilliant, Attorney at Law · Licensed in Idaho, Nevada & California · Last reviewed: September 2026 against Nevada Revised Statutes Title 12 (current through the 2025 legislative session)

In This GuideNevada Wills & ProbateTopic 8 of 17: Executors & Administrators

Every Nevada probate estate is managed by a personal representative. The term includes an executor, an administrator, a successor personal representative and a special administrator (NRS 132.265). Who serves, and under what conditions, is set by Nevada statute.

An executor is a person nominated in a will and appointed by the court (NRS 132.130). An administrator is a person not designated in a will who is appointed by the court (NRS 132.040). This page explains who may serve, the priority order when there is no will, special administrators, bonds, and how a personal representative can resign or be removed.

Executors Named in a Will

When a will is admitted to probate, the court directs letters to issue to the personal representative named in it, who must appear and qualify (NRS 138.010(1)). If the will shows the testator intended someone to carry out the will, that person is entitled to letters testamentary even if not formally called “executor” (NRS 138.040).

A person is not qualified to serve as executor if, when the will is probated, the person (NRS 138.020(1)):

Is under the age of majority;
Has been convicted of a felony, unless the court determines the conviction should not disqualify the person;
Is adjudged by the court, upon proof, disqualified because of conflict of interest, drunkenness, improvidence, lack of integrity or understanding, or other compelling reason; or
Is a bank not authorized to do business in Nevada, unless it associates a bank authorized to do business in Nevada as coexecutor.

An interested person may file written objections to granting letters testamentary to a named executor, and the court must hear and decide them (NRS 138.060(1)). If not all named executors are appointed, those appointed have full authority to carry out the will (NRS 138.080).

Substitutes and Coexecutors

A qualified named executor who is unwilling or unable to serve may appoint a substitute if the will names no alternate, or the named alternate is unwilling or unable to serve (NRS 138.045(1)). A named alternate who is not disqualified may appoint a substitute if the alternate is unwilling or unable to serve and a named executor is disqualified or has not designated a substitute within 30 days after being notified (NRS 138.045(2)). A qualified sole named executor who is unwilling or unable to carry out the will alone may appoint a coexecutor if the will names no alternate, or the named alternate is unwilling or unable to serve (NRS 138.045(3)).

A substitute or coexecutor who is not otherwise disqualified is entitled to letters testamentary as if named in the will (NRS 138.045(4)).

Administrator With the Will Annexed

If the only named executor is disqualified, or all named executors are disqualified, renounce, or fail to appear and qualify, letters of administration with the will annexed must issue (NRS 138.020(2)). The same applies when no executor is named or all named executors have died or are incapacitated (NRS 138.070(1)). The executor of a deceased executor’s own will is not, for that reason alone, authorized to administer the first estate (NRS 138.070(1)).

An administrator with the will annexed generally has the same authority the executor would have had (NRS 138.090(1)). A will’s waiver of bond does not apply to this administrator unless the will expressly says so (NRS 138.090(2)).

Appointment follows the same priority order used for administrators (below), except that an heir who was eliminated as a beneficiary or fiduciary under the will is not qualified (NRS 138.090(3)(a)). The court also has discretion to disregard the priority order to favor a beneficiary who receives a larger share over one who receives a lesser share, and may appoint two or more beneficiaries (or their nominees) with similar interests as coadministrators with the will annexed (NRS 138.090(3)(b)).

Who May Serve as Administrator

No person is entitled to letters of administration if the person (NRS 139.010):

Is under the age of majority;
Has been convicted of a felony, unless the court determines the conviction should not disqualify the person;
Is adjudged by the court, upon proof, disqualified because of conflict of interest, drunkenness, improvidence, lack of integrity or understanding, or other compelling reason;
Is not a Nevada resident, unless the person associates a Nevada resident or a banking corporation authorized to do business in Nevada as coadministrator, or is the personal representative named in a will that is the subject of a pending petition for probate and the court in its discretion believes the appointment appropriate; or
Is a banking corporation not authorized to do business in Nevada, subject to the same two exceptions.

The surviving partner of the decedent must not be appointed administrator if any interested person objects (NRS 139.030).

Priority for Appointment When There Is No Will

Except as provided in NRS 139.040(5) (explained below), administration of an intestate estate must be granted to one or more of the following persons, who are entitled to priority in this order (NRS 139.040(1)):

The surviving spouse.
The children.
The grandchildren.
Other issue (more remote descendants).
A parent.
A sibling.
Any other of the kindred entitled to share in the distribution of the estate.
The public administrator or a person employed or contracted with under NRS 253.125, as applicable.
Creditors who became creditors during the decedent’s lifetime.
Any of the kindred not listed above, within the fourth degree of consanguinity.
Any person who is legally qualified, upon a finding of good cause. The finding must be based on evidence, including an affidavit of due diligence to find any living heir (with a report from an heir finder and proof of service by certified mail to all potential heirs the report identifies) and a statement of the qualifications of the person seeking appointment.

“Issue” means children, grandchildren or more remote lineal descendants (NRS 132.205). “Spouse” includes a domestic partner as set forth in NRS 122A.200 (NRS 132.317).

Minors, Incapacitated Heirs and Nominees

If an heir entitled to appointment is a minor, the court may appoint the minor’s custodial parent or legal guardian, who has the minor’s priority (NRS 139.040(2)).
If an heir entitled to appointment is an incapacitated person, the court may appoint the guardian or equivalent fiduciary, who has the heir’s priority (NRS 139.040(3)).
A person in any class may be appointed if a Nevada resident (or, for a banking corporation, if authorized to do business in Nevada), or if the person meets the same coadministrator or pending-will exceptions described above (NRS 139.040(4)(a)).
A person in any class may nominate a Nevada resident or qualified banking corporation, whether or not the nominator is a resident. The nominee has the nominator’s priority (NRS 139.040(4)(b)).

A nomination is made by a written request filed with the court (NRS 139.050). The person making the request must include his or her current address and be given notice of the hearing, and failing to provide that information voids the request (NRS 139.050).

When the Court Can Depart From the Order

If there is no surviving spouse, the court may, in its discretion, favor an heir (or an heir’s nominee, or a group of heirs) with an equal or larger interest in the estate than the heir with priority, or appoint an independent personal representative (NRS 139.040(5)).
When several people are equally entitled, the court may appoint one or more of them or appoint an independent representative (NRS 139.070).
Letters may go to any petitioner if those with priority fail to appear and claim letters after due notice (NRS 139.080).

Contesting or Reclaiming an Appointment

An interested person may oppose a petition on the ground that the petitioner is not qualified, or may assert his or her own right and file a competing petition that the court hears together with the first (NRS 139.110).

If letters were granted to someone other than the surviving spouse or spouse’s nominee, or a child, parent, brother or sister, any of those people who is qualified may petition to revoke the letters and have letters issued to the petitioner (NRS 139.140). The spouse or spouse’s nominee may likewise assert a prior right over letters granted to a child, parent, brother or sister, and those relatives may do so over letters granted to another of them (NRS 139.160).

The petitioner must serve a citation on the current administrator at least 10 days before the hearing (NRS 139.150(1)). If the petitioner’s right is established, new letters issue and the former administrator must promptly file an accounting (NRS 139.150(2)). The court may refuse letters to a person, or that person’s nominee, who had actual notice of the first petition and a chance to contest it (NRS 139.170).

Special Administrators

A special administrator is a personal representative appointed under chapter 140 of NRS (NRS 132.315). The court shall appoint one to collect and take charge of the estate and preserve it (NRS 140.010) when, among other reasons:

There is a delay in granting letters, from any cause;
Letters are granted irregularly;
No sufficient bond is filed as the court required;
No petition is filed for letters;
An executor or administrator dies or is suspended or removed, and the estate needs an immediate personal representative;
There may be no assets subject to administration, but good cause exists for appointing a personal representative; or
In any other proper case.

The appointment may be made with or without notice, and the order must specify the special administrator’s powers (NRS 140.020(1)). The appointee must meet the qualifications in NRS 139.010, the court may prefer those entitled to letters, and no appeal may be taken from the appointment (NRS 140.020(3)). Before letters issue, the special administrator must give any bond the court requires (unless waived or replaced by a blocked account) and take the oath (NRS 140.030).

A special administrator must collect and preserve the estate’s property and take charge of its real property (NRS 140.040(1)). A special administrator may bring or defend lawsuits, sell perishable property without prior court order, exercise powers given in the appointment order, and, with court permission, borrow money or lease or mortgage real property (NRS 140.040(2)). The special administrator is not liable to creditors on claims against the estate (NRS 140.040(3)).

Once letters testamentary or of administration are granted, the special administrator’s powers end and all estate property must be delivered immediately to the new executor or administrator (NRS 140.070). A special administrator must account under oath (NRS 140.080).

Oath and Bond

Before letters issue, every personal representative must take and sign an oath or affirmation to perform the duties according to law (NRS 142.010(1)). A bond is a guarantee, backed by sureties, that the personal representative will faithfully carry out the duties of the office (NRS 142.020(2)).

Bond rule	What the statute says	NRS
Is a bond required?	Discretionary with the court, whether or not the will requires one. The court may dispense with bond if unnecessary or if estate assets are deposited in a blocked account.	142.020(1)
Blocked account	Personal assets may be deposited with a domestic credit union or other domestic financial institution, and no money may be withdrawn without a court order.	142.020(3)
Standard amount	Estimated value of all personal property plus 1 year’s income from real and personal property, unless the will states an amount, the court changes it, or additional bond is ordered.	142.020(5)
Bank or trust company as personal representative	If a banking corporation or trust company doing business in Nevada is appointed, no bond is required unless the court specifically requires it.	142.020(6)
Will waives bond	Letters may issue without bond, but bond can later be required if shown to be necessary or proper.	142.070
Request for more bond	In an estate worth more than $10,000, any interested person, including a creditor, may petition for additional bond; the court may require additional bond in the amount of the petitioner’s claim.	142.020(4)

A personal representative (or the representative’s lawyer) who becomes aware that more bond is needed must petition ex parte to increase it to the appraised value of personal property on hand plus 1 year’s estimated income (NRS 142.080(3)). If the court finds security insufficient, it orders further security within a reasonable time, not less than 5 nor more than 30 days (NRS 142.090(2)). If security is not given in time, the personal representative’s right to administer ends and the next person entitled who will post sufficient bond must be appointed (NRS 142.100).

If a petition for more security also alleges under oath that the personal representative is wasting estate property, the court may suspend the representative’s powers until a hearing (NRS 142.110(1)).

Co-Representatives and Successors

If one of several personal representatives dies, becomes incapacitated or disqualified, or has letters revoked, the others complete the administration (NRS 141.060). If all of them can no longer serve, the court directs letters to issue according to the priority in NRS 139.040, and the successor posts any bond the court requires (NRS 141.070).

Resignation, Suspension and Removal

Resignation: a personal representative may resign at any time by filing a writing with the court, effective when the accounts are settled (NRS 141.080). The court may revoke the letters and appoint a successor sooner if the estate requires it, but the resigning representative and the sureties stay liable until the estate is delivered to the successor and a court-approved accounting is filed (NRS 141.080).

Suspension: the court may suspend a personal representative’s powers until the matter is investigated, or take other appropriate action, if it has reason to believe the representative (NRS 141.090):

Has wasted, converted to personal use or mismanaged estate property, or is about to;
Has committed or is about to commit a wrong or fraud on the estate;
Has become disqualified to act;
Has wrongfully neglected the estate;
Has a conflict of interest with the estate; or
Has unreasonably delayed necessary acts.

After receiving notice of a proceeding to suspend or remove, the personal representative may act only to account, correct misconduct in administration, or preserve the estate (NRS 141.095). During a suspension the court may appoint a special administrator if the estate requires it (NRS 141.100).

Removal: after a suspension, the clerk issues a citation requiring the personal representative to show cause why the letters should not be revoked (NRS 141.110(1)). An interested person may appear and file written allegations for removal, except as provided in NRS 155.165 (NRS 141.120). If the representative fails to appear, or the court finds good grounds, the letters must be revoked and new letters issued (NRS 141.130(1)).

If removal is ordered, the court also orders what happens to the assets still under the removed representative’s control (NRS 141.095). Acts taken before revocation remain valid as if the representative had continued in office (NRS 141.140).

How I Can Help

I help people who have been named as executors, family members seeking appointment as administrator, and heirs who have concerns about who is serving. I can review whether a person qualifies, where someone falls in the statutory priority order, how bond may apply, and what options the statutes provide if a personal representative needs to be replaced. Request a consultation to discuss your situation.

This page provides general information about Nevada wills and probate law, based on Nevada Revised Statutes Title 12 as of the 2025 legislative session, and is not legal advice. Other Nevada laws, court rules, and case law also affect these matters. Every estate is different; consult an attorney about your situation. Reading this page does not create an attorney-client relationship.