Duty to use reasonable diligence; report required if estate not closed within certain times; hearing and determinations by court

1. A personal representative shall use reasonable diligence in performing the duties of the personal representative and in pursuing the administration of the estate. 2. In the absence of pending litigation or a contested proceeding involving the estate, a personal representative in charge of an estate that has not been closed shall: (a) Within 6 months after the personal representative’s appointment, where no federal estate tax return is required to be filed for the estate; or (b) Within 18 months after the personal representative’s appointment, where a federal estate tax return is required to be filed for the estate, Ê file with the court a report explaining why the estate has not been closed. 3. Upon receiving the report, the clerk shall set a time and place for a hearing of the report. The personal representative shall send a copy of the report and shall give notice of the hearing, for the period and in the manner provided in NRS 155.010, to: (a) Each person whose interest is affected as an heir or devisee; and (b) The Department of Human Services, if the Department has filed a claim against the estate. 4. At the hearing, the court shall determine whether or not the personal representative has used reasonable diligence in the administration of the estate, and if the personal representative has not, the court may: (a) Subject to the provisions of NRS 143.037: (1) Prescribe the time within which the estate must be closed; or (2) Allow the personal representative additional time for closing and order a subsequent report; or (b) Revoke the letters of the personal representative, appoint a successor and prescribe a reasonable time within which the successor shall close the estate.