Nevada Revised Statutes

Nev. Rev. Stat. § 138.020 (2026)

Qualifications of executor; letters with will annexed

✓ current as of July 2026
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NRS 138.020  Qualifications of executor; letters with will annexed.

      1.  No person is qualified to serve as an executor who, at the time the will is probated:

      (a) Is under the age of majority;

      (b) 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 executor;

      (c) Upon proof, is adjudged by the court disqualified to execute the duties of executor by reason of conflict of interest, drunkenness, improvidence, lack of integrity or understanding or other compelling reason; or

      (d) Is a bank not authorized to do business in the State of Nevada, unless it associates as coexecutor a bank authorized to do business in this State. An out-of-state bank is qualified to appoint a substitute executor, pursuant to NRS 138.045, without forming such an association, but any natural person so appointed must be a resident of this State.

      2.  If a disqualified person is named as the sole executor in a will, or if all persons so named are disqualified or renounce their right to act, or fail to appear and qualify, letters of administration with the will annexed must issue.

      [38:107:1941; 1931 NCL § 9882.38]—(NRS A 1969, 1198; 1971, 148; 1975, 1767; 1995, 496; 1999, 2270; 2003, 2509, 2690; 2009, 1625; 2015, 3527)

     

Notes of Decisions
Cited in 4 cases, 1960–1989 · leading case: Wolzinger v. Eighth Jud. Dist. Court, 773 P.2d 335 (Nev. 1989).
Wolzinger v. Eighth Jud. Dist. Court, 773 P.2d 335 (Nev. 1989). · cites it 2× “18972 to the district court with instructions to immediately appoint Ruth Wolzinger as executrix of the estate of Hazel Mae Wilson and discharge FIB as special administrator of this estate.”
In Re Silvagni's Est., 349 P.2d 1062 (Nev. 1960). · cites it 2× “He relies upon NRS 138.020 which provides in part: "If any such person * * * named as the sole executor * * * shall renounce the trust * * * letters of administration with the will annexed shall issue.”
Foley v. Silvagni, 349 P.2d 1062 (Nev. 1960). · cites it 2× “He relies upon NRS 138.020 which provides in part: “If any such person * * * named as the sole executor * * * shall renounce the trust * * * letters of administration with the will annexed shall issue.”
Sonner v. Cordano, 228 F. Supp. 435 (D. Nev. 1963). “§ 138.020 sets out the qualifications necessary for a person to serve as an executor, and N.”
— Nev. Rev. Stat. § 138.020(1) — 1 case
Wolzinger v. Eighth Jud. Dist. Court, 773 P.2d 335 (Nev. 1989). “18972 to the district court with instructions to immediately appoint Ruth Wolzinger as executrix of the estate of Hazel Mae Wilson and discharge FIB as special administrator of this estate.”
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