New Mexico Statutes
Chapter 45 - Uniform Probate Code

Section 45-1-302 - Subject matter jurisdiction of district and probate courts. - A. The district court has exclusive original jurisdiction over all...

Section 45-1-302.1 - Concurrent jurisdiction. - The district courts have concurrent jurisdiction with the probate courts...

Section 45-1-303 - Venue; multiple proceedings; transfer. - A. Subject to the provisions of Sections 45-1-302 and 45-3-201...

Section 45-1-304 - Civil practice. - Unless specifically provided to the contrary in the [Uniform] Probate...

Section 45-1-305 - Records and certified copies. - A. The clerk of the district court and the clerk...

Section 45-1-306 - Jury trial. - If demanded, in the manner provided by the Rules of...

Section 45-1-307 - Probate court; powers. - If for any reason the probate judge is unable to...

Section 45-1-308 - Appeals from district court. - Appellate review, including the right to appellate review, interlocutory appeal,...

Section 45-1-310 - Oath or affirmation on filed documents. - Except as otherwise specifically provided in the [Uniform] Probate Code...

Part 4 - NOTICE, PARTIES AND REPRESENTATION IN ESTATE LITIGATION AND OTHER MATTERS

Section 45-1-401 - Notice; method and time of giving. - A. If notice of a hearing on any petition is...

Section 45-1-402 - Notice; waiver. - A person, including a guardian ad litem, conservator or other...

Section 45-1-403 - Pleadings. - In formal proceedings involving trusts, or estates of decedents, minors,...

Section 45-1-403.1 - Representation; basic effect. - A. Notice to a person who may represent and bind...

Section 45-1-403.2 - Representation by holder of general testamentary power of appointment. - To the extent there is no conflict of interest between...

Section 45-1-403.3 - Representation by fiduciaries and parents. - To the extent there is no conflict of interest between...

Section 45-1-403.4 - Representation by person having substantially identical interest. - Unless otherwise represented, a minor, incapacitated or unborn person, or...

Section 45-1-403.5 - Appointment of representative. - A. If the court determines that an interest is not...

Section 45-1-404 - Real property outside county of administration; notice required; contents; effect. - A. If real property is included in an estate and...

Article 2 - Intestate Succession and Wills

Part 1 - INTESTATE SUCCESSION

Subpart 1 - General Provisions

Section 45-2-101 - Intestate estate. - A. Any part of a decedent's estate not effectively disposed...

Section 45-2-102 - Share of the spouse. - The intestate share of the surviving spouse is determined as...

Section 45-2-103 - Share of heirs other than surviving spouse. - A. Any part of the intestate estate not passing to...

Section 45-2-104 - Requirement of survival by one hundred twenty hours; individual in gestation. - A. For purposes of intestate succession and allowances, and except...

Section 45-2-105 - No taker. - If there is no taker under the provisions of Chapter...

Section 45-2-106 - Representation. - A. As used in this section: (1) "deceased descendant", "deceased...

Section 45-2-107 - Kindred of half blood. - Relatives of the half blood inherit the same share they...

Section 45-2-108 - Repealed. - History: 1953 Comp., § 32A-2-108, enacted by Laws 1975, ch....

Section 45-2-109 - Advancements. - A. If an individual dies intestate as to all or...

Section 45-2-110 - Debts to decedent. - A debt owed to a decedent is not charged against...

Section 45-2-111 - Alienage. - A. No individual is disqualified to take as an heir...

Section 45-2-112 - Dower and curtesy abolished. - The estates of dower and curtesy are abolished. History: 1953...

Section 45-2-113 - Individuals related to decedent through two lines. - An individual who is related to the decedent through two...

Section 45-2-114 - Parent barred from inheriting in certain circumstances. - A. A parent is barred from inheriting from or through...

Subpart 2 - Parent-Child Relationship

Section 45-2-115 - Definitions. - As used in Subpart 2 of Part 1 of Article...

Section 45-2-116 - Effect of parent-child relationship. - Except as otherwise provided in Subsections B through E of...

Section 45-2-117 - No distinction based on marital status. - Except as otherwise provided in Section 45-2-114, 45-2-119, 45-2-120 or...

Section 45-2-118 - Adoptee and adoptee's adoptive parent or parents. - A. A parent-child relationship exists between an adoptee and the...

Section 45-2-119 - Adoptee and adoptee's genetic parents. - A. Except as otherwise provided in Subsections B through E...

Section 45-2-120 - Child conceived by assisted reproduction other than child born to gestational carrier. - A. As used in this section: (1) "birth mother" means...

Section 45-2-121 - Child born to gestational carrier. - A. As used in this section: (1) "gestational agreement" means...

Section 45-2-122 - Equitable adoption. - Subpart 2 of Part 1 of Article 2 of the...

Part 3 - SPOUSE AND CHILDREN UNPROVIDED FOR IN WILLS

Section 45-2-301 - Entitlement of spouse; premarital will. - A. If a testator's surviving spouse married the testator after...

Section 45-2-302 - Omitted children. - A. Except as provided in Subsection B of this section,...

Part 4 - EXEMPT PROPERTY AND ALLOWANCES

Section 45-2-401 - Applicable law. - Chapter 45, Article 2, Part 4 NMSA 1978 applies to...

Section 45-2-402 - Family allowance. - A decedent's surviving spouse is entitled to a family allowance...

Section 45-2-403 - Personal property allowance. - In addition to the family allowance, the decedent's surviving spouse...

Section 45-2-405 - Source, determination and documentation. - If the estate is otherwise sufficient, property specifically devised may...

Section 45-2-406 - Modification of exemptions. - With respect to the estate of a decedent, the allowances...

Section 45-2-407 - Waiver of rights. - A. The rights of the surviving spouse to family allowance...

Part 5 - WILLS

Section 45-2-501 - Who may make will. - An individual eighteen or more years of age who is...

Section 45-2-502 - Execution; witnessed wills. - Except as provided in Sections 45-2-506 and 45-2-513 NMSA 1978,...

Section 45-2-504 - Self-proved will. - A. A will may be simultaneously executed, attested and made...

Section 45-2-505 - Who may witness. - A. An individual generally competent to be a witness may...

Section 45-2-506 - Choice of law as to execution. - A written will is valid if executed in compliance with...

Section 45-2-507 - Revocation by writing or by act. - A. A will or any part thereof is revoked: (1)...

Section 45-2-508 - Revocation by change of circumstances. - Except as provided in Sections 45-2-803 and 45-2-804 NMSA 1978,...

Section 45-2-509 - Revival of revoked will. - A. If a subsequent will that wholly revoked a previous...

Section 45-2-510 - Incorporation by reference. - A writing in existence when a will is executed may...

Section 45-2-511 - Testamentary additions to trust. - A. A will may validly devise property to the trustee...

Section 45-2-512 - Events of independent significance. - A will may dispose of property by reference to acts...

Section 45-2-513 - Separate writing identifying devise of certain types of tangible personal property. - A will may refer to a written statement or list...

Section 45-2-514 - Contracts concerning succession. - A. A contract to make a will or devise or...

Section 45-2-515 - Deposit of will with court in testator's lifetime. - A will may be deposited by the testator or his...

Section 45-2-516 - Duty of custodian of will; liability. - A. Any person having custody of a will shall, as...

Section 45-2-517 - Penalty clause for contest. - A provision in a governing instrument purporting to penalize an...

Part 6 - RULES OF CONSTRUCTION FOR WILLS

Section 45-2-601 - Scope. - In the absence of a finding of a contrary intention,...

Section 45-2-602 - Will may pass all property and after-acquired property. - A will may provide for the passage of all property...

Section 45-2-603 - Antilapse; deceased devisee; class gifts. - A. As used in this section: (1) "alternative devise" means...

Section 45-2-604 - Failure of testamentary provision. - A. Except as provided in Section 45-2-603 NMSA 1978, a...

Section 45-2-605 - Increase in securities; accessions. - A. If a testator executes a will that devises securities...

Section 45-2-606 - Nonademption of specific devises; unpaid proceeds of sale, condemnation or insurance; sale by conservator or agent. - A. A specific devisee has a right to specifically devised...

Section 45-2-607 - Nonexoneration. - A specific devise passes subject to any mortgage interest existing...

Section 45-2-608 - Exercise of power of appointment. - In the absence of a requirement that a power of...

Section 45-2-609 - Ademption by satisfaction. - A. Property a testator gave in his lifetime to a...

Section 45-2-610 to 45-2-612 - Repealed. - Repeals. — Laws 1993, ch. 174, § 84 repealed 45-2-610...

Part 7 - RULES OF CONSTRUCTION FOR GOVERNING INSTRUMENTS

Section 45-2-701 - Scope. - In the absence of a finding of a contrary intention,...

Section 45-2-702 - Requirement of survival by one hundred twenty hours. - A. For the purposes of the Uniform Probate Code, except...

Section 45-2-703 - Choice of law as to meaning and effect of governing instrument. - The meaning and legal effect of a governing instrument is...

Section 45-2-704 - Power of appointment; compliance with specific reference requirement. - A powerholder's substantial compliance with a formal requirement of appointment...

Section 45-2-705 - Class gifts construed to accord with intestate succession; exceptions. - A. As used in this section: (1) "adoptee" has the...

Section 45-2-706 - Life insurance; retirement plan; account with pod designation; transfer-on-death registration; deceased beneficiary. - A. As used in this section: (1) "alternative beneficiary designation"...

Section 45-2-707 - Survivorship with respect to future interests under terms of trust; substitute takers. - A. As used in this section: (1) "alternative future interest"...

Section 45-2-708 - Class gifts to descendants, issue or heirs of the body; form of distribution if none specified. - If a class gift in favor of "descendants", "issue" or...

Section 45-2-709 - Representation; per capita at each generation; per stirpes. - A. As used in this section: (1) "deceased child" or...

Section 45-2-710 - Worthier-title doctrine abolished. - The doctrine of worthier title is abolished as a rule...

Section 45-2-711 - Future interests in heirs and like. - If an applicable statute or a governing instrument calls for...

Part 8 - GENERAL PROVISIONS

Section 45-2-801 - Repealed. - Repeals. — Laws 2001, ch. 290, § 18, repealed 45-2-801...

Section 45-2-802 - Effect of divorce, annulment and decree of separation. - A. An individual who is divorced from the decedent or...

Section 45-2-803 - Effect of homicide on intestate succession, wills, trusts, joint assets, life insurance and beneficiary designations. - A. As used in this section: (1) "disposition or appointment...

Section 45-2-804 - Revocation of probate and nonprobate transfers by divorce; no revocation by other changes of circumstances. - A. As used in this section: (1) "disposition or appointment...

Section 45-2-805 - Reformation to correct mistakes. - The district court may reform the terms of a governing...

Section 45-2-806 - Modification to achieve transferor's tax objectives. - To achieve the transferor's tax objectives, the district court may...

Section 45-2-807 - Death of spouse; community property. - A. Upon the death of either spouse, one-half of the...

Section 45-2-808 - Validity and effect of will executed by a wife prior to July 1, 1973. - If a wife has executed a will prior to July...

Part 9 - UNIFORM STATUTORY RULE AGAINST PERPETUITIES; HONORARY TRUSTS; TRUSTS FOR PETS; TIME LIMITS ON OPTIONS IN GROSS AND CERTAIN OTHER INTERESTS IN REAL PROPERTY

Subpart 1 - Uniform Statutory Rule Against Perpetuities

Section 45-2-901 - Statutory rule against perpetuities. - A. A nonvested property interest is invalid unless: (1) when...

Section 45-2-902 - Nonvested property interest or power of appointment created. - A. Except as provided in Subsections B and C of...

Section 45-2-903 - Reformation. - Upon the petition of an interested person, a court shall...

Section 45-2-904 - Exclusions. - A. Section 45-2-901 NMSA 1978 does not apply to: (1)...

Section 45-2-905 - Prospective application. - A. Except as extended by Subsection B of this section,...

Section 45-2-906 - Supersession. - Sections 45-2-901 through 45-2-905 NMSA 1978 supersede the rule of...

Subpart 2 - Honorary Trusts; Trusts ForPets

Section 45-2-907 - Repealed. - History: 1978 Comp., § 45-2-907, enacted by Laws 1995, ch....

Subpart 3 - Time Limits On Options In GrossAnd Certain Other Interests In Real Property

Section 45-2-908 - Definitions. - As used in Sections 45-2-909 through 45-2-914 NMSA 1978: A....

Section 45-2-909 - Interest in real property. - An option in gross with respect to an interest in...

Section 45-2-910 - Lease to commence in the future. - A lease of real property to commence at a time...

Section 45-2-911 - Nonvested easement. - A nonvested easement in gross becomes invalid if it does...

Section 45-2-912 - Possibility of reverter, right of entry, executory interest. - A possibility of reverter preceded by a fee simple determinable,...

Section 45-2-913 - Exclusions. - A. Section 45-2-912 NMSA 1978 does not apply to a...

Section 45-2-914 - Application. - Sections 45-2-908 through 45-2-913 NMSA 1978 apply only to a...

Part 10 - INTERNATIONAL WILLS

Section 45-2-1001 - Definitions. - As used in Sections 45-2-1101 through 45-2-1110 NMSA 1978 [45-2-1001...

Section 45-2-1002 - International will; validity. - A. A will is valid as regards form, irrespective particularly...

Section 45-2-1003 - International will; requirements. - A. The will must be made in writing. It need...

Section 45-2-1004 - International will; other points of form. - A. The signatures shall be placed at the end of...

Section 45-2-1005 - International will; certificate. - The authorized person shall attach to the will a certificate...

Section 45-2-1006 - International will; effect of certificate. - In the absence of evidence to the contrary, the certificate...

Section 45-2-1007 - International will; revocation. - An international will is subject to the ordinary rules of...

Section 45-2-1008 - Source and construction. - Sections 45-2-1101 through 45-2-1107 NMSA 1978 [45-2-1001 to 45-2-1007 NMSA...

Section 45-2-1009 - Persons authorized to act in relation to international will; eligibility; recognition by authorizing agency. - Individuals who have been admitted to practice law before the...

Section 45-2-1010 - International will; information registration. - The secretary of state shall establish a registry system by...

Part 11 - PROPERTY INTERESTS

Section 45-2-1101 - Short title. - Chapter 45, Article 2, Part 11 NMSA 1978 [45-2-1101 to...

Section 45-2-1102 - Definitions. - As used in the Uniform Disclaimer of Property Interests Act:...

Section 45-2-1103 - Scope. - The Uniform Disclaimer of Property Interests Act applies to disclaimers...

Section 45-2-1104 - Uniform Disclaimer of Property Interests Act supplemented by other law. - A. Unless displaced by a provision of the Uniform Disclaimer...

Section 45-2-1105 - Power to disclaim; general requirements; when irrevocable. - A. A person may disclaim, in whole or part, any...

Section 45-2-1106 - Disclaimer of interest in property. - A. As used in this section: (1) "future interest" means...

Section 45-2-1107 - Disclaimer of rights of survivorship in jointly held property. - A. Upon the death of a holder of jointly held...

Section 45-2-1108 - Disclaimer of interest by trustee. - If a trustee disclaims an interest in property that otherwise...

Section 45-2-1109 - Disclaimer of power of appointment or other power not held in fiduciary capacity. - If a holder disclaims a power of appointment or other...

Section 45-2-1110 - Disclaimer by appointee, object or taker in default of exercise of power of appointment. - A. A disclaimer of an interest in property by an...

Section 45-2-1111 - Disclaimer of power held in fiduciary capacity. - A. If a fiduciary disclaims a power held in a...

Section 45-2-1112 - Delivery or filing. - A. As used in this section, "beneficiary designation" means an...

Section 45-2-1113 - When disclaimer barred or limited. - A. A disclaimer is barred by a written waiver of...

Section 45-2-1114 - Tax qualified disclaimer. - Notwithstanding any other provision of the Uniform Disclaimer of Property...

Section 45-2-1115 - Recording of disclaimer. - If an instrument transferring an interest in or power over...

Section 45-2-1116 - Application to existing relationships. - Except as otherwise provided in Section 13 [45-2-1113 NMSA 1978]...

Article 2A - Uniform Statutory Will Act

Section 45-2A-1 - Short title. - This act [45-2A-1 to 45-2A-17 NMSA 1978] may be cited...

Section 45-2A-2 - Definitions. - As used in the Uniform Statutory Will Act: A. "child"...

Section 45-2A-3 - Making statutory will. - An individual having capacity to make a will under the...

Section 45-2A-4 - Incorporation by reference. - A. A will may incorporate by reference the provisions of...

Section 45-2A-5 - Shares under statutory will. - The statutory-will estate passes as provided in Sections 6 through...

Section 45-2A-6 - Share of spouse. - A. The share of the surviving spouse is: (1) if...

Section 45-2A-7 - Trust for spouse and issue. - A. Property held in trust under Subparagraph (c) of Paragraph...

Section 45-2A-8 - Shares of heirs when no surviving spouse. - A. If there is no surviving spouse, the statutory-will estate...

Section 45-2A-9 - Trust if child under specified age. - A. If property is distributable under Section 8 [45-2A-8 NMSA...

Section 45-2A-10 - Effect of disability at distribution. - A. If property becomes distributable by a personal representative or...

Section 45-2A-11 - Powers of appointment. - A. A will incorporating by reference the terms of the...

Section 45-2A-12 - Survival. - An individual who does not survive the testator by thirty...

Section 45-2A-13 - Appointment of personal representative and trustee. - A. The person named in the will as personal representative...

Section 45-2A-14 - Powers. - A. Subject to Subsection C of this section and except...

Section 45-2A-15 - Bond or surety. - A personal representative or trustee under the Uniform Statutory Will...

Section 45-2A-16 - Uniformity of application and construction. - The Uniform Statutory Will Act shall be applied and construed...

Section 45-2A-17 - Form of statutory will. - I, ________, of the City of ________, County of ________,...

Article 3 - Probate of Wills and Administration

Part 1 - GENERAL PROVISIONS

Section 45-3-101 - Devolution of estate at death; administration on deaths of husband and wife. - A. The power of a person to leave property by...

Section 45-3-102 - Necessity of order of probate for will. - Except as provided in Sections 45-3-1201, 45-3-1205 and 45-3-1301 NMSA...

Section 45-3-103 - Necessity of appointment for administration. - Except as otherwise provided in Sections 4-101 through 4-401 [45-4-101...

Section 45-3-104 - Claims against decedent; necessity of administration. - A. No proceeding to enforce a claim against the estate...

Section 45-3-105 - Proceedings affecting devolution and administration. - Persons interested in decedents' estates may apply to the probate...

Section 45-3-105.1 - Repealed. - Repeals. — Laws 1978, ch. 159, § 15, repealed 32A-3-105.1,...

Section 45-3-106 - Proceedings before district court; service; jurisdiction over persons. - In proceedings before the district court where notice is required...

Section 45-3-107 - Scope of proceedings; proceedings independent; exception. - Unless supervised administration as described in Sections 3-501 through 3-505...

Section 45-3-108 - Probate, testacy and appointment proceedings; ultimate time limit. - A. No informal probate or appointment proceeding or formal testacy...

Section 45-3-109 - Statutes of limitation on decedent's claim for relief. - No statute of limitation running on a claim for relief...

Part 2 - VENUE FOR PROBATE AND ADMINISTRATION; PRIORITY TO ADMINISTER; DEMAND FOR NOTICE

Section 45-3-201 - Venue for first and subsequent estate proceedings; location of property. - A. Venue for the first informal or formal testacy or...

Section 45-3-202 - Appointment or testacy proceedings; conflicting claim of domicile in another state. - If conflicting claims as to the domicile of a decedent...

Section 45-3-203 - Priority among persons seeking appointment as personal representative. - A. Whether the proceedings are formal or informal, persons who...

Section 45-3-204 - Demand for notice of order or filing concerning decedent's estate. - Any interested person desiring notice of any order or filing...

Part 3 - INFORMAL PROBATE AND APPOINTMENT PROCEEDINGS

Section 45-3-301 - Informal probate or appointment proceedings; application; contents. - Applications for informal probate or informal appointment must be directed...

Section 45-3-302 - Informal probate; duty of court; effect of informal probate. - Upon receipt of an application requesting informal probate of a...

Section 45-3-303 - Informal probate; proof and findings required. - A. In an informal proceeding for original probate of a...

Section 45-3-305 - Informal probate; court not satisfied. - The probate or the district court may decline application for...

Section 45-3-306 - Informal probate; notice requirements. - A. The applicant shall give notice as described by Section...

Section 45-3-307 - Informal appointment proceedings; delay in order; duty of court; effect of appointment. - A. Upon receipt of an application for informal appointment of...

Section 45-3-308 - Informal appointment proceedings; proof and findings required. - A. In informal appointment proceedings, the probate or the district...

Section 45-3-309 - Informal appointment proceedings; court not satisfied. - The probate or the district court may decline an application...

Section 45-3-310 - Informal appointment proceedings; notice requirements. - The applicant must give notice as described by Section 1-401...

Section 45-3-311 - Informal appointment unavailable in certain cases. - If an application for informal appointment indicates the existence of...

Part 4 - FORMAL TESTACY AND APPOINTMENT PROCEEDINGS

Section 45-3-401 - Formal testacy proceedings; nature; when commenced. - A. A formal testacy proceeding is litigation to determine whether...

Section 45-3-402 - Formal testacy or appointment proceedings; petition; contents. - A. Petitions for formal probate of a will, or for...

Section 45-3-403 - Formal testacy proceeding; notice of hearing on petition. - A. Upon commencement of a formal testacy proceeding, the district...

Section 45-3-404 - Formal testacy proceedings; written objections to probate. - In a formal testacy proceeding, any interested person who opposes...

Section 45-3-405 - Formal testacy proceedings; uncontested cases; hearings and proof. - A. If a petition in a formal testacy proceeding is...

Section 45-3-406 - Formal testacy proceedings; contested cases; testimony of attesting witnesses. - A. If evidence concerning execution of a will which is...

Section 45-3-407 - Formal testacy proceedings; burdens in contested cases. - In contested cases, petitioners who seek to establish intestacy have...

Section 45-3-408 - Formal testacy proceedings; will construction; effect of final order in another jurisdiction. - A final order of a court of another state determining...

Section 45-3-409 - Formal testacy proceedings; order; foreign will. - A. After the time required for any notice has expired,...

Section 45-3-410 - Formal testacy proceedings; probate of more than one instrument. - If two or more instruments are offered for probate before...

Section 45-3-411 - Formal testacy proceedings; partial intestacy. - If it becomes evident in the course of a formal...

Section 45-3-412 - Formal testacy proceedings; effect of order; vacation. - A. Subject to appeal and subject to vacation as provided...

Section 45-3-413 - Formal testacy proceedings; vacation of order for other cause. - For good cause shown, an order in a formal testacy...

Section 45-3-414 - Formal proceedings concerning appointment of personal representative. - A. A formal proceeding for adjudication regarding the priority or...

Part 5 - SUPERVISED ADMINISTRATION

Section 45-3-501 - Supervised administration; nature of proceeding. - A. Supervised administration is a single in rem proceeding to...

Section 45-3-502 - Supervised administration; petition; order. - A. A petition for supervised administration may be filed by...

Section 45-3-503 - Supervised administration; effect on other proceedings. - A. The pendency of a proceeding for supervised administration of...

Section 45-3-504 - Supervised administration; powers of personal representative. - Unless restricted by the district court, a supervised personal representative...

Section 45-3-505 - Supervised administration; interim orders; distribution and closing orders. - A. Unless otherwise ordered by the district court, supervised administration...

Part 6 - PERSONAL REPRESENTATIVE; APPOINTMENT, CONTROL AND TERMINATION OF AUTHORITY

Section 45-3-601 - Qualification. - Prior to receiving letters, a personal representative shall qualify by...

Section 45-3-602 - Acceptance of appointment; consent to jurisdiction. - By accepting appointment, a personal representative submits personally to the...

Section 45-3-603 - Bond requirements. - A. No bond is required of a personal representative appointed...

Section 45-3-604 - Bond amount; security; procedure; reduction. - A. If bond is required and the provisions of the...

Section 45-3-605 - Demand for bond by interested person. - Any person apparently having an interest in the estate worth...

Section 45-3-606 - Terms and conditions of bonds. - A. The following requirements and provisions apply to any bond...

Section 45-3-607 - Order restraining personal representative. - A. On petition of any person who appears to have...

Section 45-3-608 - Termination of appointment; general. - A. Termination of appointment of a personal representative occurs as...

Section 45-3-609 - Termination of appointment; death or disability. - A. The death of a personal representative, or the appointment...

Section 45-3-610 - Termination of appointment; voluntary. - A. An appointment of a personal representative terminates as provided...

Section 45-3-611 - Termination of appointment by removal; cause; procedure. - A. Any interested person may petition for removal of a...

Section 45-3-612 - Termination of appointment; change of testacy status. - Except as otherwise ordered in formal proceedings, if a personal...

Section 45-3-613 - Successor personal representative. - A. Sections 3-301 through 3-311 [45-3-301 to 45-3-311 NMSA 1978]...

Section 45-3-614 - Special administrator; appointment. - A special administrator may be appointed: A. informally by the...

Section 45-3-615 - Special administrator; who may be appointed. - A. If a special administrator is to be appointed pending...

Section 45-3-616 - Special administrator; appointed informally; powers and duties. - A special administrator appointed by the probate court in informal...

Section 45-3-617 - Special administrator; formal proceedings; powers and duties. - A special administrator appointed by order of the district court...

Section 45-3-618 - Termination of appointment; special administrator. - The appointment of a special administrator pursuant to Section 3-614...

Part 7 - DUTIES AND POWERS OF PERSONAL REPRESENTATIVES

Section 45-3-701 - Time of accrual of duties and powers. - A. The duties and powers of a personal representative commence...

Section 45-3-702 - Priority among different letters. - A person to whom general letters are rightly issued first...

Section 45-3-703 - General duties; relation and liability to persons interested in estate; standing to sue. - A. A personal representative is a fiduciary who shall observe...

Section 45-3-704 - Personal representative to proceed without court order; exception. - A personal representative shall proceed expeditiously with the settlement and...

Section 45-3-705 - Duty of personal representative; notice to heirs and devisees. - A. Not later than thirty days after appointment, every personal...

Section 45-3-706 - Duty of personal representative; inventory and appraisement. - A. Within three months after his appointment, a personal representative,...

Section 45-3-707 - Employment of appraisers. - The personal representative may employ one or more qualified and...

Section 45-3-708 - Duty of personal representative; supplementary inventory. - A. If any property not included in the original inventory...

Section 45-3-709 - Duty of personal representative; possession of estate. - Except as otherwise provided by a decedent's will, every personal...

Section 45-3-710 - Power to avoid transfers. - The property liable for the payment of unsecured debts of...

Section 45-3-711 - Powers of personal representatives; in general. - A. Until termination of a personal representative's appointment, a personal...

Section 45-3-712 - Improper exercise of power; breach of fiduciary duty. - If the exercise of power concerning the estate is improper,...

Section 45-3-713 - Sale, encumbrance or transaction involving conflict of interest; voidable; exceptions. - A. Any sale or encumbrance to the personal representative, his...

Section 45-3-714 - Persons dealing with personal representative; protection. - A. A person who in good faith either assists a...

Section 45-3-715 - Transactions authorized for personal representatives; exceptions. - A. Except as restricted or otherwise provided by the will...

Section 45-3-716 - Powers and duties of successor personal representative. - A successor personal representative has the same power and duty...

Section 45-3-717 - Co-representatives; when joint action required. - A. If two or more persons are appointed co-representatives, the...

Section 45-3-718 - Powers of surviving personal representative. - Unless the terms of the will otherwise provide, when one...

Section 45-3-719 - Compensation for personal representatives. - A personal representative is entitled to reasonable compensation for his...

Section 45-3-720 - Expenses in estate litigation. - If any personal representative or person nominated as a personal...

Section 45-3-721 - Proceedings for review of employment and compensation. - After notice to all interested persons or on petition of...

Part 8 - CREDITORS' CLAIMS

Section 45-3-801 - Notice to creditors. - A. A personal representative upon appointment may publish a notice...

Section 45-3-802 - Statutes of limitations. - A. Unless an estate is insolvent, the personal representative, with...

Section 45-3-803 - Limitations on presentation of claims. - A. All claims against a decedent's estate that arose before...

Section 45-3-804 - Manner of presentation of claims. - Claims against a decedent's estate may be presented as follows:...

Section 45-3-805 - Classification of claims. - A. If the applicable assets of the estate are insufficient...

Section 45-3-806 - Allowance of claims. - A. As to claims presented in the manner described in...

Section 45-3-807 - Payment of claims. - A. Upon the expiration of the earlier of the time...

Section 45-3-808 - Individual liability of personal representative. - A. Unless otherwise provided in the contract, a personal representative...

Section 45-3-809 - Secured claims. - Payment of a secured claim is upon the basis of...

Section 45-3-810 - Claims not due and contingent or unliquidated claims. - A. If a claim which will become due at a...

Section 45-3-811 - Counterclaims. - A. In allowing a claim, the personal representative may deduct...

Section 45-3-812 - Execution and levies prohibited. - No execution may issue upon nor may any levy be...

Section 45-3-813 - Compromise of claims. - When a claim against the estate has been presented in...

Section 45-3-814 - Encumbered assets. - If any assets of the estate are encumbered by mortgage,...

Section 45-3-815 - Administration in more than one state; duty of personal representative. - A. All assets of estates being administered in New Mexico...

Section 45-3-816 - Final distribution to domiciliary representative. - The estate of a nonresident decedent being administered by a...

Part 9 - SPECIAL PROVISIONS RELATING TO DISTRIBUTION

Section 45-3-901 - Successors' rights if no administration. - In the absence of administration, the heirs and devisees are...

Section 45-3-902 - Distribution; order in which assets appropriated; abatement. - A. Except as provided in Subsection C of this section,...

Section 45-3-903 - Successor's indebtedness offset against interest; defenses. - The amount of a noncontingent indebtedness of a successor to...

Section 45-3-904 - Interest on general pecuniary devise. - General pecuniary devises bear interest at five percent per annum...

Section 45-3-905 - Penalty clause for contest. - A provision in a will purporting to penalize any interested...

Section 45-3-906 - Distribution in kind; valuation; method. - A. Unless a contrary intention is indicated by the will,...

Section 45-3-907 - Distribution in kind; evidence. - If distribution in kind is made, the personal representative shall...

Section 45-3-908 - Distribution; right or title of distributee. - Proof that a distributee has received an instrument or deed...

Section 45-3-909 - Improper distribution; liability of distributee. - Unless the distribution or payment no longer can be questioned...

Section 45-3-910 - Purchases from distributees protected. - If property distributed in kind or a security interest therein...

Section 45-3-911 - Partition for purpose of distribution. - A. When two or more heirs or devisees are entitled...

Section 45-3-912 - Private agreements among successors to decedent binding on personal representative. - Subject to the rights of creditors and taxing authorities, successors...

Section 45-3-913 - Distributions to trustee. - A. Before distributing to a trustee, the personal representative may...

Section 45-3-914 - Disposition of unclaimed assets. - If an heir, devisee or claimant cannot be found, the...

Section 45-3-915 - Distribution to person under disability. - A. A personal representative may discharge an obligation to distribute...

Section 45-3-916 - Repealed. - History: 1953 Comp., § 32A-3-916, enacted by Laws 1975, ch....

Section 45-3-920 - Short title. - Sections 5 through 17 [15] [45-3-920 to 45-3-930 NMSA 1978]...

Section 45-3-921 - Definitions. - As used in the Uniform Estate Tax Apportionment Act [45-3-920...

Section 45-3-922 - Apportionment by will or other dispositive instrument. - A. Except as otherwise provided in Subsection C of this...

Section 45-3-923 - Statutory apportionment of estate taxes. - To the extent that apportionment of an estate tax is...

Section 45-3-924 - Credits and deferrals. - Except as otherwise provided in Sections 10 and 11 of...

Section 45-3-925 - Insulated property; advancement of tax. - A. In this section: (1) "advanced fraction" means a fraction...

Section 45-3-926 - Apportionment and recapture of special elective benefits. - A. In this section: (1) "special elective benefit" means a...

Section 45-3-927 - Securing payment of estate tax from property in possession of fiduciary. - A. A fiduciary may defer a distribution of property until...

Section 45-3-928 - Collection of estate tax by fiduciary. - A. A fiduciary responsible for payment of an estate tax...

New Mexico Statutes Chapter 45 - Uniform Probate Code

New Mexico Statutes
Chapter 45 - Uniform Probate Code