156.210 - Petition claiming death of missing person: Service; security for costs; trial of issue; order. - Nevada Statutes

156.210  Petition claiming death of missing person: Service; security for costs; trial of issue; order.

      1.  If any other person within 1 year after the appointment and qualification of the representative files a petition claiming that the missing person died subsequent to the commencement of the 3-year period provided herein, and the petitioner is entitled to the property in the estate, or any portion thereof, as successor in interest to the rights of the missing person, and if the petitioner causes a copy of the petition to be served personally or by registered or certified mail upon the personal representative of the estate and upon each of the heirs and devisees, the court shall determine the truth of the facts contained in the petition.

      2.  The court may, upon application or on its own motion, require the claimant to give security to be approved by the court for all costs and expenses involved in the hearing and determination of the truth of the facts contained in the petition, in case the hearing is decided adverse to the claimant.

      3.  If the hearing is decided in favor of the claimant, the court shall make and enter such order as the circumstances require.

      (Added to NRS by 1959, 508; A 1969, 95; 1991, 966; 2001, 168)