A. Any person having custody of a will shall, as soon as he is informed of the death of the testator, deliver the will to a person able to secure its probate or, if none is known, to an appropriate court.
B. If any person having the custody of a will fails to produce the will as provided for in Subsection A of this section, after receiving a reasonable notice to do so, he is liable to any person aggrieved for the damages that may be sustained by the failure.
C. Any person who refuses or fails to deliver a will after being ordered by the court in a proceeding brought for the purpose of compelling delivery is subject to penalty for contempt of court.
History: 1978 Comp., § 45-2-516, enacted by Laws 1993, ch. 174, § 39.
Official comments. — See Commissioners on Uniform State Law official comment to 2-516 UPC.
Structure New Mexico Statutes
Chapter 45 - Uniform Probate Code
Article 2 - Intestate Succession and Wills
Section 45-2-501 - Who may make will.
Section 45-2-502 - Execution; witnessed wills.
Section 45-2-504 - Self-proved will.
Section 45-2-505 - Who may witness.
Section 45-2-506 - Choice of law as to execution.
Section 45-2-507 - Revocation by writing or by act.
Section 45-2-508 - Revocation by change of circumstances.
Section 45-2-509 - Revival of revoked will.
Section 45-2-510 - Incorporation by reference.
Section 45-2-511 - Testamentary additions to trust.
Section 45-2-512 - Events of independent significance.
Section 45-2-514 - Contracts concerning succession.
Section 45-2-515 - Deposit of will with court in testator's lifetime.