New Mexico Statutes
Chapter 45 - Uniform Probate Code

Section 45-5B-108 - Nomination of conservator or guardian; relation of agent to court-appointed fiduciary. - A. In a power of attorney, a principal may nominate...

Section 45-5B-109 - When power of attorney effective. - A. A power of attorney is effective when executed unless...

Section 45-5B-110 - Termination of power of attorney or agent's authority. - A. A power of attorney terminates when: (1) the principal...

Section 45-5B-111 - Co-agents and successor agents. - A. A principal may designate two or more persons to...

Section 45-5B-112 - Reimbursement and compensation of agent. - Unless the power of attorney otherwise provides, an agent is...

Section 45-5B-113 - Agent's acceptance. - Except as otherwise provided in the power of attorney, a...

Section 45-5B-114 - Agent's duties. - A. Notwithstanding provisions in the power of attorney, an agent...

Section 45-5B-115 - Exoneration of agent. - A provision in a power of attorney relieving an agent...

Section 45-5B-116 - Judicial relief. - A. The following persons may petition a court to construe...

Section 45-5B-117 - Agent's liability. - An agent that violates the Uniform Power of Attorney Act...

Section 45-5B-118 - Agent's resignation; notice. - Unless the power of attorney provides a different method for...

Section 45-5B-119 - Acceptance of and reliance upon acknowledged power of attorney. - A. For purposes of this section and Section 120 [45-5B-120...

Section 45-5B-120 - Liability for refusal to accept acknowledged power of attorney. - A. As used in this section, "statutory form power of...

Section 45-5B-121 - Principles of law and equity. - Unless displaced by a provision of the Uniform Power of...

Section 45-5B-122 - Laws applicable to financial institutions and entities. - The Uniform Power of Attorney Act does not supersede any...

Section 45-5B-123 - Remedies under other law. - The remedies under the Uniform Power of Attorney Act are...

Part 2

Section 45-5B-201 - Authority that requires specific grant; grant of general authority. - A. An agent under a power of attorney may do...

Section 45-5B-202 - Incorporation of authority. - A. An agent has authority described in this article if...

Section 45-5B-203 - Construction of authority generally. - Except as otherwise provided in the power of attorney, by...

Section 45-5B-204 - Real property. - Unless the power of attorney otherwise provides, language in a...

Section 45-5B-205 - Tangible personal property. - Unless the power of attorney otherwise provides, language in a...

Section 45-5B-206 - Stocks and bonds. - Unless the power of attorney otherwise provides, language in a...

Section 45-5B-207 - Commodities and options. - Unless the power of attorney otherwise provides, language in a...

Section 45-5B-208 - Banks and other financial institutions. - Unless the power of attorney otherwise provides, language in a...

Section 45-5B-209 - Operation of entity or business. - Subject to the terms of a document or an agreement...

Section 45-5B-210 - Insurance and annuities. - Unless the power of attorney otherwise provides, language in a...

Section 45-5B-211 - Estates, trusts and other beneficial interests. - A. As used in this section, "estates, trusts and other...

Section 45-5B-212 - Claims and litigation. - Unless the power of attorney otherwise provides, language in a...

Section 45-5B-213 - Personal and family maintenance. - A. Unless the power of attorney otherwise provides, language in...

Section 45-5B-214 - Benefits from governmental programs or civil or military service. - A. As used in this section, "benefits from governmental programs...

Section 45-5B-215 - Retirement plans. - A. As used in this section, "retirement plan" means a...

Section 45-5B-216 - Taxes. - Unless the power of attorney otherwise provides, language in a...

Section 45-5B-217 - Gifts. - A. As used in this section, a gift "for the...

Part 3

Section 45-5B-301 - Statutory form power of attorney. - A document substantially in the following form may be used...

Section 45-5B-302 - Agent's certification. - The following optional form may be used by an agent...

Part 4

Section 45-5B-401 - Uniformity of application and construction. - In applying and construing the Uniform Power of Attorney Act,...

Section 45-5B-402 - Relation to Electronic Signatures in Global and National Commerce Act. - The Uniform Power of Attorney Act modifies, limits and supersedes...

Section 45-5B-403 - Effect on existing powers of attorney. - Except as otherwise provided in the Uniform Power of Attorney...

Article 6 - Nonprobate Transfers

Part 1 - PROVISIONS RELATING TO EFFECT OF DEATH

Section 45-6-101 - Nonprobate transfers on death. - A provision for a nonprobate transfer on death in an...

Section 45-6-101.1 - Recompiled. - Compiler's notes. — Laws 2001, ch. 236, § 1, relating...

Section 45-6-102 - Liability of nonprobate transferees for creditor claims and statutory allowances. - A. In this section, "nonprobate transfer" means a valid transfer...

Section 45-6-103 - Repealed. - History: 1953 Comp., § 32A-6-103, enacted by Laws 1975, ch....

Section 45-6-104 - Repealed. - History: 1953 Comp., § 32A-6-104, enacted by Laws 1975, ch....

Section 45-6-105 - Repealed. - History: 1953 Comp., § 32A-6-105, enacted by Laws 1975, ch....

Section 45-6-106 - Repealed. - History: 1953 Comp., § 32A-6-106, enacted by Laws 1975, ch....

Section 45-6-107 - Repealed. - History: 1953 Comp., § 32A-6-107, enacted by Laws 1975, ch....

Section 45-6-108 - Repealed. - History: 1953 Comp., § 32A-6-108, enacted by Laws 1975, ch....

Section 45-6-109 - Repealed. - History: 1953 Comp., § 32A-6-109, enacted by Laws 1975, ch....

Section 45-6-110 - Repealed. - History: 1953 Comp., § 32A-6-110, enacted by Laws 1975, ch....

Section 45-6-111 - Repealed. - History: 1953 Comp., § 32A-6-111, enacted by Laws 1975, ch....

Section 45-6-112 - Repealed. - History: 1953 Comp., § 32A-6-112, enacted by Laws 1975, ch....

Section 45-6-113 - Repealed. - History: 1953 Comp., § 32A-6-113, enacted by Laws 1975, ch....

Part 2 - MULTIPLE-PERSON ACCOUNTS

Subpart 1 - Definitions And General Provisions

Section 45-6-201 - Definitions. - As used in Sections 45-6-201 through 45-6-227 NMSA 1978: A....

Section 45-6-202 - Limitation on scope. - Sections 45-6-201 through 45-6-227 NMSA 1978 do not apply to:...

Section 45-6-203 - Types of account; existing accounts. - A. An account may be for a single party or...

Section 45-6-204 - Forms. - A. A contract of deposit that contains provisions in substantially...

Section 45-6-205 - Designation of agent. - A. By a writing signed by all parties, the parties...

Section 45-6-206 - Applicability. - The provisions of Sections 45-6-211 through 45-6-216 NMSA 1978 concerning...

Subpart 2 - Ownership As Between PartiesAnd Others

Section 45-6-211 - Ownership during lifetime. - A. As used in this section, "net contribution" of a...

Section 45-6-212 - Rights at death. - A. Except as otherwise provided in this part, on death...

Section 45-6-213 - Alteration of rights. - A. Rights at death under Section 45-6-212 NMSA 1978 are...

Section 45-6-214 - Accounts and transfers nontestamentary. - Except as a consequence of, and to the extent directed...

Section 45-6-215 - Repealed. - History: 1978 Comp., § 45-6-215, enacted by Laws 1992, ch....

Section 45-6-216 - Community property. - A. A deposit of community property in an account does...

Subpart 3 - Protection Of Financial Institutions

Section 45-6-221 - Authority of financial institution. - A financial institution may enter into a contract of deposit...

Section 45-6-222 - Payment on multiple-party account. - A financial institution, on request, may pay sums on deposit...

Section 45-6-223 - Payment on POD designation. - A financial institution, on request, may pay sums on deposit...

Section 45-6-224 - Payment to designated agent. - A financial institution, on request of an agent under an...

Section 45-6-225 - Payment to minor. - If a financial institution is required or permitted to make...

Section 45-6-226 - Discharge. - A. Payment made pursuant to Sections 45-6-201 through 45-6-227 NMSA...

Section 45-6-227 - Set-off. - Without qualifying any other statutory right to set-off or lien...

Part 3 - TOD SECURITY REGISTRATION

Section 45-6-301 - Definitions. - As used in Sections 45-6-301 through 45-6-311 NMSA 1978: A....

Section 45-6-302 - Registration in beneficiary form; sole or joint tenancy ownership. - Only individuals whose registration of a security shows sole ownership...

Section 45-6-303 - Registration in beneficiary form; applicable law. - A security may be registered in beneficiary form if the...

Section 45-6-304 - Origination of registration in beneficiary form. - A security, whether evidenced by certificate or account, is registered...

Section 45-6-305 - Form of registration in beneficiary form. - Registration in beneficiary form may be shown by the words...

Section 45-6-306 - Effect of registration in beneficiary form. - The designation of a TOD beneficiary on a registration in...

Section 45-6-307 - Ownership of [on] death of owner. - On death of a sole owner or the last to...

Section 45-6-308 - Protection of registering entity. - A. A registering entity is not required to offer or...

Section 45-6-309 - Nontestamentary transfer on death. - A transfer on death resulting from a registration in beneficiary...

Section 45-6-310 - Terms, conditions and forms for registration. - A. A registering entity offering to accept registrations in beneficiary...

Section 45-6-311 - Applicability. - Sections 45-6-301 through 45-6-311 NMSA 1978 apply to registrations of...

Part 4 - UNIFORM REAL PROPERTY TRANSFER ON DEATH

Section 45-6-401 - Short title. - Sections 45-6-401 through 45-6-417 NMSA 1978 may be cited as...

Section 45-6-402 - Definitions. - As used in the Uniform Real Property Transfer on Death...

Section 45-6-403 - Applicability. - The Uniform Real Property Transfer on Death Act applies to...

Section 45-6-404 - Nonexclusivity. - The Uniform Real Property Transfer on Death Act does not...

Section 45-6-405 - Transfer on death deed authorized. - An individual may transfer property to one or more beneficiaries...

Section 45-6-406 - Transfer on death deed revocable. - A transfer on death deed is revocable even if the...

Section 45-6-407 - Transfer on death deed nontestamentary. - A transfer on death deed is nontestamentary. History: 1978 Comp.,...

Section 45-6-408 - Capacity of transferor. - The capacity required to make or revoke a transfer on...

Section 45-6-409 - Requirements. - A transfer on death deed shall: A. contain the essential...

Section 45-6-410 - Notice, delivery, acceptance or consideration not required. - A transfer on death deed does not require: A. notice...

Section 45-6-411 - Revocation by instrument authorized; revocation by act not permitted. - A. Subject to Subsection B of this section, an instrument...

Section 45-6-412 - Effect of transfer on death deed during transferor's life. - During a transferor's life, a transfer on death deed does...

Section 45-6-413 - Effect of transfer on death deed at transferor's death. - A. Except as otherwise provided in the transfer on death...

Section 45-6-414 - Disclaimer. - A beneficiary may disclaim all or part of the beneficiary's...

Section 45-6-415 - Liability for creditor claims and statutory allowances. - A beneficiary of a transfer on death deed is liable...

Section 45-6-416 - Optional form of transfer on death deed. - The following form may be used to create a transfer...

Section 45-6-417 - Optional form of revocation. - The following form may be used to create an instrument...

Article 7 - Trust Administration

Part 1 - Principal Place Of Administration

Section 45-7-101 to 45-7-104 - Repealed. - History: 1953 Comp., § 32A-7-101, enacted by Laws 1975, ch....

Section 45-7-105 - Registration; qualification of foreign trustee. - A. A foreign corporate trustee is required to qualify as...

Part 2 - Jurisdiction Of Court Concerning

Section 45-7-201 to 45-7-206 - Repealed. - History: 1953 Comp., § 32A-7-201, enacted by Laws 1975, ch....

Part 3 - Duties And Liabilities Of Trustees

Section 45-7-301 to 45-7-307 - Repealed. - History: 1953 Comp., § 32A-7-301, enacted by Laws 1975, ch....

Part 4 - Powers Of Trustees

Section 45-7-401 - Repealed. - History: 1953 Comp., § 32A-7-401, enacted by Laws 1975, ch....

Part 5 - Custodial Trusts

Section 45-7-501 - Short title. - Sections 45-7-501 through 45-7-522 NMSA 1978 may be cited as...

Section 45-7-502 - Definitions. - As used in the Uniform Custodial Trust Act [45-7-501 to...

Section 45-7-503 - Custodial trust; general. - A. A person may create a custodial trust of property...

Section 45-7-504 - Custodial trustee for future payment or transfer. - A. A person having the right to designate the recipient...

Section 45-7-505 - Form and effect of receipt and acceptance by custodial trustee; jurisdiction. - A. Obligations of a custodial trustee, including the obligation to...

Section 45-7-506 - Transfer to custodial trustee by fiduciary or obligor; facility of payment. - A. Unless otherwise directed by an instrument designating a custodial...

Section 45-7-507 - Multiple beneficiaries; separate custodial trusts; survivorship. - A. Beneficial interests in a custodial trust created for multiple...

Section 45-7-508 - General duties of custodial trustee. - A. If appropriate, a custodial trustee shall register or record...

Section 45-7-509 - General powers of custodial trustee. - A. A custodial trustee, acting in a fiduciary capacity, has...

Section 45-7-510 - Use of custodial trust property. - A. A custodial trustee shall pay to the beneficiary or...

Section 45-7-511 - Determination of incapacity; effect. - A. The custodial trustee shall administer the custodial trust as...

Section 45-7-512 - Exemption of third person from liability. - A third person in good faith and without a court...

Section 45-7-513 - Liability to third person. - A. A claim based on a contract entered into by...

Section 45-7-514 - Declination, resignation, incapacity, death or removal of custodial trustee; designation of successor custodial trustee. - A. Before accepting the custodial trust property, a person designated...

Section 45-7-515 - Expenses, compensation and bond of custodial trustee. - Except as otherwise provided in the instrument creating the custodial...

Section 45-7-516 - Reporting and accounting by custodial trustee; determination of liability of custodial trustee. - A. Upon the acceptance of custodial trust property, the custodial...

Section 45-7-517 - Limitations of action against custodial trustee. - A. Except as provided in Subsection C of this section,...

Section 45-7-518 - Distribution on termination. - A. Upon termination of a custodial trust, the custodial trustee...

Section 45-7-519 - Methods and forms for creating custodial trusts. - A. If a transaction, including a declaration with respect to...

Section 45-7-520 - Applicable law. - A. The Uniform Custodial Trust Act [45-7-501 to 45-7-522 NMSA...

Section 45-7-521 - Uniformity of application and construction. - The Uniform Custodial Trust Act [45-7-501 to 45-7-522 NMSA 1978]...

Section 45-7-522 - Severability. - If any provision of the Uniform Custodial Trust Act [45-7-501...

Part 6 - Uniform Prudent Investor Act

Section 45-7-601 - Short title. - Sections 45-7-601 through 45-7-612 NMSA 1978 may be cited as...

Section 45-7-602 - Prudent investor rule. - A. Except as otherwise provided in Subsection B of this...

Section 45-7-603 - Standard of care; portfolio strategy; risk and return objectives. - A. A trustee shall invest and manage trust assets as...

Section 45-7-604 - Diversification. - A trustee shall diversify the investments of the trust unless...

Section 45-7-605 - Duties at inception of trusteeship. - Within a reasonable time after accepting a trusteeship or receiving...

Section 45-7-606 - Loyalty. - A trustee shall invest and manage the trust assets solely...

Section 45-7-607 - Impartiality. - If a trust has two or more beneficiaries, the trustee...

Section 45-7-608 - Investment costs. - In investing and managing trust assets, a trustee may only...

Section 45-7-609 - Reviewing compliance. - Compliance with the prudent investor rule is determined in light...

Section 45-7-610 - Delegation of investment and management functions. - A. A trustee may delegate investment and management functions that...

Section 45-7-611 - Language invoking standard. - The following terms or comparable language in the provisions of...

Section 45-7-612 - Application to existing trusts. - The Uniform Prudent Investor Act [45-7-601 to 45-7-612 NMSA 1978]...

Article 8 - Simultaneous Death Act (Repealed, Recompiled.)

Section 45-8-1 to 45-8-8 - Repealed. - Repeals. — Laws 1993, ch. 174, § 84 repealed 45-8-1...

Section 45-8-9 - Recompiled. - Recompilations. — Laws 1993, ch. 174, § 65 recompiled former...

Article 9A - Uniform Estate Tax Apportionment Act (Repealed, Recompiled.)

Section 45-9A-1 - Recompiled. - History: Laws 2005, ch. 143, § 5; recompiled by Laws...

Section 45-9A-2 - Recompiled. - History: Laws 2005, ch. 143, § 6; recompiled by Laws...

Section 45-9A-3 - Recompiled. - History: Laws 2005, ch. 143, § 7; recompiled by Laws...

Section 45-9A-4 - Recompiled. - History: Laws 2005, ch. 143, § 8; recompiled by Laws...

Section 45-9A-5 - Recompiled. - History: Laws 2005, ch. 143, § 9; recompiled by Laws...

Section 45-9A-6 - Recompiled. - History: Laws 2005, ch. 143, § 10; recompiled by Laws...

Section 45-9A-7 - Recompiled. - History: Laws 2005, ch. 143, § 11, recompiled by Laws...

Section 45-9A-8 - Recompiled. - History: Laws 2005, ch. 143, § 12; recompiled by Laws...

Section 45-9A-9 - Recompiled. - History: Laws 2005, ch. 143, § 13; recompiled by Laws...

Section 45-9A-10 - Recompiled. - History: Laws 2005, ch. 143, § 14; recompiled by Laws...

Section 45-9A-11 - Recompiled. - History: Laws 2005, ch. 143, § 15; recompiled by Laws...

Section 45-9A-12 - Repealed. - History: Laws 2005, ch. 143, § 16; repealed by Laws...

Section 45-9A-13 - Repealed. - History: Laws 2005, ch. 143, § 17; repealed by Laws...

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New Mexico Statutes Chapter 45 - Uniform Probate Code

New Mexico Statutes
Chapter 45 - Uniform Probate Code