1. Except as otherwise provided in this section, administrators with the will annexed have the same authority as the executor named in the will would have had if the executor had qualified, and their acts are as effectual for every purpose. If a power or authority conferred upon the executor is discretionary, and is not expressly excluded by the will, it is conferred upon an administrator with the will annexed.

2. Except to the extent expressly provided for by the will, a provision of the will waiving the bond of a personal representative does not apply to an administrator with the will annexed.

3. Persons and their nominees and appointees are entitled to appointment as administrators with the will annexed in the same order of priority as in the appointment of administrators, except that:

(a) An heir who has been eliminated as a beneficiary or as a fiduciary under the terms of the will is not qualified to serve as an administrator with the will annexed; and

(b) The court has the discretion to disregard the order of priority set forth in subsection 1 of NRS 139.040 to favor the appointment of a beneficiary of the will who is given a larger share of the estate over a beneficiary, or his or her nominee, who is given a lesser share, and the court may exercise this discretion to appoint two or more beneficiaries, or their nominees, who have similar interests in the estate of the decedent as coadministrators with the will annexed.

[45:107:1941; 1931 NCL § 9882.45] — (NRS A 1999, 2272; 2015, 3527)