156.080 - Sale or mortgage of property: Filing of petition by trustee; notice of hearing. - Nevada Statutes

156.080  Sale or mortgage of property: Filing of petition by trustee; notice of hearing.

      1.  The trustee may sell any of the personal property or sell, mortgage or give a deed of trust upon any of the real property of the missing person when the court considers such an action to be in the best interest of the estate and all parties concerned, including devisees and those who would be, in case of the death of the missing person, the heirs at law. For that purpose, the trustee may file a petition with the court asking for an order authorizing such a sale, mortgage or deed of trust.

      2.  The clerk shall set the petition for hearing and give notice of the hearing, in the manner prescribed in NRS 155.010, to the persons described in that section and to:

      (a) Each of the persons who would be heirs at law of the missing person if the missing person were dead; and

      (b) If it appears that the missing person left a will, each devisee mentioned therein.

      3.  If the address of any such person is unknown, the notice must be mailed by registered or certified mail to that person at the county seat of the county in which the court is held, and the trustee shall file his or her affidavit showing that the address is unknown and stating what efforts the trustee has made to learn the address.

      (Added to NRS by 1959, 505; A 1969, 95; 1983, 670; 2001, 168)