The probate judges of this state are strictly required to hold their courts in the county seats of their counties, and the probate clerks shall also have their offices in the said county seat of the county at all times.
History: Laws 1869-1870, ch. 51, § 1; C.L. 1884, § 415; C.L. 1897, § 749; Code 1915, § 1426; C.S. 1929, § 34-404; 1941 Comp., § 16-405; 1953 Comp., § 16-4-5.
Cross references. — For penalty for violating this section, see 34-7-5 NMSA 1978.
For county clerk serving as probate court clerk if no other provision is made, see N.M. Const., art. VI, § 22.
For sheriff attending sessions, see 4-41-13, 4-41-16 NMSA 1978.
Removal to new county seat. — A county is authorized to remove to a properly selected new county seat all county offices and property pertaining thereto, if new courthouse and jail are ready for occupancy. Orchard v. Board of Comm'rs, 1938-NMSC-011, 42 N.M. 172, 76 P.2d 41.
Office need not be in courthouse or designated space. — This section only requires that office of the probate judge be located within the county seat; hence, it need not necessarily be in the courthouse or within some space designated by the county commissioners. 1943 Op. Att'y Gen. No. 43-4406.
County clerk cannot be paid additional salary for serving as probate clerk. 1943 Op. Att'y Gen. No. 43-4365.
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.]