Nev. Rev. Stat. » NRS: CHAPTER 139 - APPOINTMENT OF ADMINISTRATORS
Nevada Revised Statutes

Nev. Rev. Stat. § 139.040 (2026)

Order of priority for right to appointment; appointment when heir is minor or incapacitated or no surviving spouse; priority of nominee

✓ current as of July 2026
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NRS 139.040  Order of priority for right to appointment; appointment when heir is minor or incapacitated or no surviving spouse; priority of nominee.

      1.  Except as otherwise provided in subsection 5, 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 grandchildren.

      (d) Other issue.

      (e) A parent.

      (f) A sibling.

      (g) Any other of the kindred entitled to share in the distribution of the estate.

      (h) The public administrator or a person employed or contracted with pursuant to NRS 253.125, as applicable.

      (i) Creditors who have become such during the lifetime of the decedent.

      (j) Any of the kindred not above enumerated, within the fourth degree of consanguinity.

      (k) Any person who is legally qualified upon a finding of good cause. Such a finding must be based on evidence, including, without limitation:

             (1) An affidavit of due diligence to find any living heir, including, without limitation:

                   (I) A report from an heir finder, as defined in NRS 139.135; and

                   (II) Proof of service via certified mail to all potential heirs identified pursuant to sub-subparagraph (I); and

             (2) A statement of the qualifications of the person seeking appointment.

      2.  If any heir who is otherwise entitled to appointment is a minor, the court may appoint the custodial parent or legal guardian of the minor as administrator. The custodial parent or legal guardian has the same priority for appointment as the minor.

      3.  If any heir who is otherwise entitled to appointment is an incapacitated person, the court may appoint the guardian or equivalent fiduciary as administrator. The guardian or equivalent fiduciary has the same priority for appointment as the incapacitated person.

      4.  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 the 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.

      5.  If there is no surviving spouse, the court may, in its discretion:

      (a) Disregard the order of priority set forth in subsection 1 to favor the appointment of an heir or the nominee of an heir, or group of heirs, who have an equal or larger interest in the estate than the heir entitled to priority for appointment; or

      (b) Appoint an independent personal representative.

      [49:107:1941; A 1945, 175; 1949, 13; 1943 NCL § 9882.49]—(NRS A 1967, 1057; 1969, 1199; 1975, 1768; 1999, 2273; 2001, 2344; 2009, 1626; 2017, 785; 2019, 1543; 2025, 2306)

     

Notes of Decisions
Cited in 5 cases (1 in the last 5 years), 1966–2024 · leading case: Bodine v. Stinson, 461 P.2d 868 (Nev. 1969).
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Bodine v. Stinson, 461 P.2d 868 (Nev. 1969). · cites it 3× “He may seek letters of general administration (NRS 139.040(h)), 4 or persuade the court to appoint the public administrator (NRS 139.”
Matter of Est. of Thomas, 998 P.2d 560 (Nev. 2000). “Appellants respond that in such cases, the potential administrator should decline the appointment and/or abandon the estate to the creditors. Although appellants maintain that creditors may be appointed as administrators of an estate, it appears that this is so only if the…”
Dickerson v. Eighth Jud. Dist. Court, 414 P.2d 946 (Nev. 1966). · cites it 5× “010, 2 and the order of priority by NRS 139.040. 3 Those provisions and the provisions of NRS 139.”
Eggleston v. Costello, 998 P.2d 560 (Nev. 2000). “Appellants respond that in such cases, the potential administrator should decline the appointment and/or abandon the estate to the creditors. Although appellants maintain that creditors may be appointed as administrators of an estate, it appears that this is so only if the…”
Thomas Labs, LLC v. Dukes, 555 P.3d 260 (Nev. 2024). “See NRS 139.040(1)(j) (allowing "any person or persons legally qualified" to administer an estate once all other persons with priority have declined); NRCP 25(a) (requiring participation from the decedent's "successor or representative").”
— Nev. Rev. Stat. § 139.040(1)(g) — 1 case
Matter of Est. of Thomas, 998 P.2d 560 (Nev. 2000). “Appellants respond that in such cases, the potential administrator should decline the appointment and/or abandon the estate to the creditors. Although appellants maintain that creditors may be appointed as administrators of an estate, it appears that this is so only if the…”
— Nev. Rev. Stat. § 139.040(1)(j) — 1 case
Thomas Labs, LLC v. Dukes, 555 P.3d 260 (Nev. 2024). “See NRS 139.040(1)(j) (allowing "any person or persons legally qualified" to administer an estate once all other persons with priority have declined); NRCP 25(a) (requiring participation from the decedent's "successor or representative").”
— Nev. Rev. Stat. § 139.040(h) — 1 case
Bodine v. Stinson, 461 P.2d 868 (Nev. 1969). “He may seek letters of general administration (NRS 139.040(h)), 4 or persuade the court to appoint the public administrator (NRS 139.”
— Nev. Rev. Stat. § 139.040(i) — 1 case
Bodine v. Stinson, 461 P.2d 868 (Nev. 1969). “He may seek letters of general administration (NRS 139.040(h)), 4 or persuade the court to appoint the public administrator (NRS 139.”
— Nev. Rev. Stat. § 139.040(k) — 1 case
Bodine v. Stinson, 461 P.2d 868 (Nev. 1969). “He may seek letters of general administration (NRS 139.040(h)), 4 or persuade the court to appoint the public administrator (NRS 139.”
— Nev. Rev. Stat. § 139.040(l)(g) — 1 case
Eggleston v. Costello, 998 P.2d 560 (Nev. 2000). “Appellants respond that in such cases, the potential administrator should decline the appointment and/or abandon the estate to the creditors. Although appellants maintain that creditors may be appointed as administrators of an estate, it appears that this is so only if the…”
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