Whenever the probate judge shall be absent from the county wherein he was elected, or shall be incapacitated or unable to attend to his duties from any cause whatsoever, any district judge, of said county, or any other district judge designated to hold court in said county for him, may do any and all things that could otherwise be done by said probate judge, without the necessity of having the matters or proceedings transferred from the docket of the probate court to the docket of the district court. The fact of such absence or incapacity shall be recited in every order of the district judge entered in accordance with this act [section].
History: Laws 1933, ch. 101, § 1; 1941 Comp., § 16-414; Laws 1943, ch. 65, § 1; 1953 Comp., § 16-4-14.
Cross references. — For performance of acts and orders when probate judge unable to act, see 45-1-307 NMSA 1978.
Bracketed material. — The bracketed material in this section was inserted by the compiler. It was not enacted by the legislature and is not part of law.
Structure New Mexico Statutes
Chapter 34 - Court Structure and Administration
Section 34-7-1 - Probate judge; authorized.
Section 34-7-2 - [Probate judge and sheriff elected at each general election.]
Section 34-7-3 - [Seal of probate court.]
Section 34-7-4 - [Place of holding court and keeping clerk's office.]
Section 34-7-5 - [Failure to hold court or keep clerk's office at county seat; penalty.]
Section 34-7-6 - [County must furnish office and supplies for judge.]
Section 34-7-7 - [Custody of archives, documents and books.]
Section 34-7-8 - Probate courts; hours of business; notice.
Section 34-7-9 - [Probate judge interested or disqualified; transfer to district court.]
Section 34-7-10 - [Proceedings in district court after transfer.]
Section 34-7-11 - [Probate judge absent or unable to attend to duties; powers of district judge.]
Section 34-7-13 - [Judges may issue process and make rules.]
Section 34-7-14 - Fees of probate court clerks.
Section 34-7-15 - [Additional fees of clerk.]
Section 34-7-16 - [Fees exclusive.]
Section 34-7-17 - [Record of receipts and disbursements.]
Section 34-7-18 - [Current accounts; public inspection.]
Section 34-7-19 - [Penalty for violation of Sections 34-7-17 and 34-7-18 NMSA 1978.]
Section 34-7-20 - Record of decedent's [decedents'] estates.
Section 34-7-21 - Record of bonds and wills.
Section 34-7-22 - [Deputy clerks; appointment; powers.]
Section 34-7-23 - [Oath of deputy clerks.]
Section 34-7-24 - [Authority of deputies; responsibility; signing papers.]
Section 34-7-25 - [Compensation of deputies to be paid by clerk.]