Nevada Revised Statutes

Nev. Rev. Stat. § 147.100 (2026)

Actions and proceedings pending against decedent or property in estate of decedent

✓ current as of July 2026

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NRS 147.100 Actions and proceedings pending against decedent or property in estate of decedent.

1. Except as otherwise ordered by the court for good cause shown, an action or proceeding pending against a decedent at the time of the decedent’s death may not be continued against the decedent’s personal representative unless:

(a) A claim is first filed as provided in this chapter;

(b) The claim is rejected in whole or in part; and

(c) Within 60 days after notice of rejection is given, the claimant who is the plaintiff applies to the court in which the action or proceeding is pending for an order substituting the personal representative in the action or proceeding. This requirement applies only if the notice of rejection contains a statement that the claimant has 60 days within which to apply for an order of substitution.

2. No recovery may be allowed in an action against property in the estate of a decedent unless proof is made of compliance with this section.

[129:107:1941; 1931 NCL § 9882.129]—(NRS A 1999, 2310)

Notes of Decisions

Cited in 2 cases, 1970–1975 · leading case: Klosterman v. Cummings, 476 P.2d 14 (Nev. 1970).

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Klosterman v. Cummings, 476 P.2d 14 (Nev. 1970). “(NRS 147.100.) A fortiori if a plaintiff with an action pending in court must file with the clerk before recovery can be allowed, most certainly a plaintiff with a new claim cannot ignore the procedural requirements and expect to recover.”

Carl Needham, Inc. v. Camilleri, 533 P.2d 765 (Nev. 1975). · cites it 2× “NRS 147.100 reads: “If an action be pending against the deceased at the time of his or her death, the plaintiff, in like manner, shall file his claim with the clerk, and no recovery shall be held in the action unless proof be made of such filing.”

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