New Mexico Statutes
Chapter 45 - Uniform Probate Code
Article 3 - Probate of Wills and Administration

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...

Section 45-3-929 - Right of reimbursement. - A. A person required under Section 13 [45-3-928 NMSA 1978]...

Section 45-3-930 - Action to determine or enforce act. - A fiduciary, transferee or beneficiary of the gross estate may...

Part 10 - CLOSING ESTATES

Section 45-3-1001 - Formal proceedings terminating administration; testate or intestate; order of general protection. - A. A personal representative or any interested person may petition...

Section 45-3-1002 - Formal proceedings terminating testate administration; order construing will without adjudicating testacy. - A. A personal representative administering an estate under an informally...

Section 45-3-1003 - Closing estates; by sworn statement of personal representative. - A. Unless prohibited by order of the district court and...

Section 45-3-1004 - Liability of distributees to claimants. - A. After assets of an estate have been distributed and...

Section 45-3-1005 - Limitations on proceedings against personal representative. - Unless previously barred by adjudication and except as provided in...

Section 45-3-1006 - Limitations on actions and proceedings against distributees. - Unless previously adjudicated in a formal testacy proceeding or in...

Section 45-3-1007 - Certificate discharging liens securing fiduciary performance. - After his appointment has terminated, the personal representative, his sureties,...

Section 45-3-1008 - Subsequent administration. - If other property of the estate is discovered after an...

Part 11 - COMPROMISE OF CONTROVERSIES

Section 45-3-1101 - Effect of approval of agreements involving trusts, inalienable interests or interests of third persons. - A. A compromise of any controversy is binding on all...

Section 45-3-1102 - Procedure for securing court approval of compromise. - The procedure for securing court approval of a compromise is...

Part 12 - COLLECTION OF PERSONAL PROPERTY BY AFFIDAVIT

Section 45-3-1201 - Collection of personal property by affidavit. - A. Thirty days after the death of a decedent, any...

Section 45-3-1202 - Effect of affidavit. - The person paying, delivering, transferring or issuing personal property or...

Section 45-3-1203 - Small estates; summary administrative procedure. - If it appears from the inventory and appraisal that the...

Section 45-3-1204 - Small estates; closing by sworn statement of personal representative. - A. Unless prohibited by order of the district court and...

Section 45-3-1205 - Transfer of title to homestead to surviving spouse by affidavit. - A. Where a husband and wife own a homestead as...

Section 45-3-1206 - Effect of affidavit. - A purchaser of real property from or lender to the...

Part 13 - PAYMENT OF EARNINGS, ETC., TO SURVIVING SPOUSE

Section 45-3-1301 - Collection of employee's final payment without administration. - The surviving spouse of a deceased person may, without procuring...

Section 45-3-1302 - Affidavit showing death of employee; payment. - Upon receiving an affidavit stating that a person previously in...

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New Mexico Statutes Chapter 45 - Uniform Probate Code Article 3 - Probate of Wills and Administration

New Mexico Statutes
Chapter 45 - Uniform Probate Code
Article 3 - Probate of Wills and Administration