Nevada Revised Statutes

Nev. Rev. Stat. § 143.040 (2026)

Rights of surviving partner

✓ current as of July 2026
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NRS 143.040  Rights of surviving partner.

      1.  If a partnership existed between the decedent, at the time of death, and any other person, the surviving partner may continue in possession of the effects of the partnership and settle its business, but the interest of the decedent must be included in the inventory and appraised as an asset of the estate.

      2.  The surviving partner shall proceed to settle the affairs of the partnership without delay, and shall account to the personal representative and pay over such balance as may be, from time to time, payable to the estate of the decedent.

      3.  Upon the petition of the personal representative, the court may, whenever it may appear necessary, order the surviving partner to render an accounting, and in case of neglect or refusal, may, after notice, compel it by any lawful process, and the personal representative may maintain against the surviving partner any action which the decedent could have maintained.

      4.  Upon any sale of a partnership interest, the surviving partner may be a bidder.

      [Part 195:107:1941; 1931 NCL § 9882.195]—(NRS A 1999, 2291)

     

Notes of Decisions
Cited in 2 cases, 1970–1972 · leading case: Balaban v. Bank of Nevada, 477 P.2d 860 (Nev. 1970).
Balaban v. Bank of Nevada, 477 P.2d 860 (Nev. 1970). · cites it 2× “The rights of a surviving partner are defined in NRS 143.040, which reads: “1. When there was a partnership existing between the testator or intestate, at the time of his death, and any other person, the surviving partner shall have the right to continue in possession of the…”
Tupper v. Kroc, 494 P.2d 1275 (Nev. 1972). “Within those chapters are found special provisions and requirements for an accounting (NRS 143.040; NRS 87.430; NRS 148.210) which are not found in the statute authorizing the charging order (NRS 87.”
— Nev. Rev. Stat. § 143.040(4) — 1 case
Balaban v. Bank of Nevada, 477 P.2d 860 (Nev. 1970). “The rights of a surviving partner are defined in NRS 143.040, which reads: “1. When there was a partnership existing between the testator or intestate, at the time of his death, and any other person, the surviving partner shall have the right to continue in possession of the…”
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