If other property of the estate is discovered after an estate has been settled and the personal representative discharged, or after one year after a closing statement has been filed, the district court, upon petition of any interested person and upon notice as it directs, may appoint the same or a successor personal representative to administer the subsequently discovered estate. If a new appointment is made, unless the district court orders otherwise, the provisions of the [Uniform] Probate Code apply as appropriate. However, no claim previously barred may be asserted in the subsequent administration.
History: 1953 Comp., § 32A-3-1008, enacted by Laws 1975, ch. 257, § 3-1008.
Official comments. — See Commissioners on Uniform State Law official comment to 3-1008 UPC.
Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 33 C.J.S. Executors and Administrators §§ 48, 88.
Structure New Mexico Statutes
Chapter 45 - Uniform Probate Code
Article 3 - Probate of Wills and Administration
Section 45-3-1003 - Closing estates; by sworn statement of personal representative.
Section 45-3-1004 - Liability of distributees to claimants.
Section 45-3-1005 - Limitations on proceedings against personal representative.
Section 45-3-1006 - Limitations on actions and proceedings against distributees.
Section 45-3-1007 - Certificate discharging liens securing fiduciary performance.