Nev. Rev. Stat. » NRS: CHAPTER 140 - SPECIAL ADMINISTRATORS
Nevada Revised Statutes

Nev. Rev. Stat. § 140.040 (2026)

Powers, duties and immunity from liability for certain claims

✓ current as of July 2026
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NRS 140.040  Powers, duties and immunity from liability for certain claims.

      1.  A special administrator shall:

      (a) Collect and preserve for the executor or administrator when appointed all the goods, chattels and receivables of the decedent, and all incomes, rents, issues, profits, claims and demands of the estate.

      (b) Take charge and management of the real property and enter upon and preserve it from damage, waste and injury.

      2.  A special administrator may:

      (a) For all necessary purposes, commence, maintain or defend actions and other legal proceedings as a personal representative.

      (b) Without prior order of the court, sell any perishable property of the estate, as provided in NRS 148.170.

      (c) Exercise such other powers as have been conferred by the order of appointment.

      (d) Obtain leave of the court to borrow money or to lease or mortgage real property in the same manner as an executor or administrator.

      3.  A special administrator is not liable:

      (a) To any creditor on any claim against the estate; or

      (b) For any claim against the decedent except a claim involving wrongful death, personal injury or property damage if the estate contains no assets other than a policy of liability insurance.

      [Part 86:107:1941; 1931 NCL § 9882.86]—(NRS A 1971, 647; 1983, 668; 1999, 2276)

     

Notes of Decisions
Cited in 10 cases (2 in the last 5 years), 1964–2021 · leading case: Pascua v. Bayview Loan Servicing, LLC, 434 P.3d 287 (Nev. 2019).
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Pascua v. Bayview Loan Servicing, LLC, 434 P.3d 287 (Nev. 2019). · cites it 7× “Ricardo argues that a special administrator's general powers and duties under NRS 140.040 to preserve and take charge of real property of the estate, and specific powers under NRS 140.”
Bodine v. Stinson, 461 P.2d 868 (Nev. 1969). · cites it 6× “The confusion with regard to the issue at hand comes about by reason of certain language in NRS 140.040 defining the powers and duties of a special administrator.”
Klosterman v. Cummings, 476 P.2d 14 (Nev. 1970). · cites it 9× “040(3) and directly in point, we said: “The confusion with regard to the issue at hand comes about by reason of certain language in NRS 140.040 defining the powers and duties of a special administrator.”
Jacobson v. Est. of Clayton, 119 P.3d 132 (Nev. 2005). · cites it 8× “We conclude that Bodine is superseded by the Legislature’s 1971 amendment of NRS 140.040 to specifically allow suits against a special administrator, in place of probate proceedings, when the estate’s sole asset is a liability insurance policy.”
Weiler v. Ross, 395 P.2d 323 (Nev. 1964). “The dismissal was apparently based upon NRS 140.040(3) which provides that “in no case shall the special administrator be liable to an action by any creditor on any claim against the estate, nor pay any claim against the deceased.”
Pascua Vs. Bayview Loan Serv., LLC, 2019 NV 4 (Nev. 2019). · cites it 12× “1 Ricardo argues that a special administrator's general powers and duties under NRS 140.040 to preserve and take charge of real property of the estate, and specific powers under NRS 140.”
Nevada Paving, Inc. v. Callahan, 427 P.2d 383 (Nev. 1967). · cites it 3× “The petition supporting the request for special administrator prayed that the appointment be made to prosecute any action or claim for the death of Khochtaria.”
Pascua Vs. Bayview Loan Serv., LLC, 2019 NV 4 (Nev. 2019). · cites it 6× “1 Ricardo argues that a special administrator's general powers and duties under NRS 140.040 to preserve and take charge of real property of the estate, and specific powers under NRS 140.”
Nguyen v. Est. of Walter Bingel (D. Colo. 2021). “Nev. Rev. Stat. § 140.040 . In its order appointing Dunham Trust Company as the Special Administrator for the Estate of Walter Bingel, the District Court for Clark County, Nevada found that it was necessary to appoint a Special Administrator “for the specific purpose of…”
Harco Nat'l Ins. Co. v. Ackerman (D. Nev. 2021). “28-1 Harco submitted Letters of Special 25 Administration showing that on December 11, 2020, the Eighth Judicial District Court issued an 26 order appointing Alan MacIntosh as special administrator for Heather Ann Wilson's estate under 27 NRS 140.040. That provision of Nevada…”
— Nev. Rev. Stat. § 140.040(1)(b) — 3 cases
Pascua v. Bayview Loan Servicing, LLC, 434 P.3d 287 (Nev. 2019). “Ricardo argues that a special administrator's general powers and duties under NRS 140.040 to preserve and take charge of real property of the estate, and specific powers under NRS 140.”
Pascua Vs. Bayview Loan Serv., LLC, 2019 NV 4 (Nev. 2019). “1 Ricardo argues that a special administrator's general powers and duties under NRS 140.040 to preserve and take charge of real property of the estate, and specific powers under NRS 140.”
Pascua Vs. Bayview Loan Serv., LLC, 2019 NV 4 (Nev. 2019). “1 Ricardo argues that a special administrator's general powers and duties under NRS 140.040 to preserve and take charge of real property of the estate, and specific powers under NRS 140.”
— Nev. Rev. Stat. § 140.040(2) — 1 case
Nevada Paving, Inc. v. Callahan, 427 P.2d 383 (Nev. 1967). “The petition supporting the request for special administrator prayed that the appointment be made to prosecute any action or claim for the death of Khochtaria.”
— Nev. Rev. Stat. § 140.040(2)(a) — 3 cases
Pascua v. Bayview Loan Servicing, LLC, 434 P.3d 287 (Nev. 2019). “Ricardo argues that a special administrator's general powers and duties under NRS 140.040 to preserve and take charge of real property of the estate, and specific powers under NRS 140.”
Pascua Vs. Bayview Loan Serv., LLC, 2019 NV 4 (Nev. 2019). “1 Ricardo argues that a special administrator's general powers and duties under NRS 140.040 to preserve and take charge of real property of the estate, and specific powers under NRS 140.”
Pascua Vs. Bayview Loan Serv., LLC, 2019 NV 4 (Nev. 2019). “1 Ricardo argues that a special administrator's general powers and duties under NRS 140.040 to preserve and take charge of real property of the estate, and specific powers under NRS 140.”
— Nev. Rev. Stat. § 140.040(2)(c) — 3 cases
Pascua v. Bayview Loan Servicing, LLC, 434 P.3d 287 (Nev. 2019). “Ricardo argues that a special administrator's general powers and duties under NRS 140.040 to preserve and take charge of real property of the estate, and specific powers under NRS 140.”
Pascua Vs. Bayview Loan Serv., LLC, 2019 NV 4 (Nev. 2019). “1 Ricardo argues that a special administrator's general powers and duties under NRS 140.040 to preserve and take charge of real property of the estate, and specific powers under NRS 140.”
Pascua Vs. Bayview Loan Serv., LLC, 2019 NV 4 (Nev. 2019). “1 Ricardo argues that a special administrator's general powers and duties under NRS 140.040 to preserve and take charge of real property of the estate, and specific powers under NRS 140.”
— Nev. Rev. Stat. § 140.040(3) — 4 cases
Bodine v. Stinson, 461 P.2d 868 (Nev. 1969). “The confusion with regard to the issue at hand comes about by reason of certain language in NRS 140.040 defining the powers and duties of a special administrator.”
Klosterman v. Cummings, 476 P.2d 14 (Nev. 1970). “040(3) and directly in point, we said: “The confusion with regard to the issue at hand comes about by reason of certain language in NRS 140.040 defining the powers and duties of a special administrator.”
Jacobson v. Est. of Clayton, 119 P.3d 132 (Nev. 2005). “We conclude that Bodine is superseded by the Legislature’s 1971 amendment of NRS 140.040 to specifically allow suits against a special administrator, in place of probate proceedings, when the estate’s sole asset is a liability insurance policy.”
Weiler v. Ross, 395 P.2d 323 (Nev. 1964). “The dismissal was apparently based upon NRS 140.040(3) which provides that “in no case shall the special administrator be liable to an action by any creditor on any claim against the estate, nor pay any claim against the deceased.”
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