Except as provided in Sections 45-3-1201, 45-3-1205 and 45-3-1301 NMSA 1978, to be effective to prove the transfer of any property or to nominate a personal representative, a will must be declared to be valid by an order of informal probate by the probate court or an adjudication of probate by the district court.
History: 1953 Comp., § 32A-3-102, enacted by Laws 1975, ch. 257, § 3-102; 1995, ch. 210, § 31; 2005, ch. 143, § 1.
Cross references. — For execution and formalities of attested wills, see 45-2-502 NMSA 1978.
For self-proved wills, see 45-2-504 NMSA 1978.
The 2005 amendment, effective July 1, 2005, expanded the exception to include Sections 45-3-1205 and 45-3-1301 NMSA 1978.
The 1995 amendment, effective July 1, 1995, substituted "Section 45-3-1201 NMSA 1978" for "Section 3-1201" and deleted the former second sentence, relating to admission as evidence of a devise of a duly executed and unrevoked will which has not been probated.
Passage of real and personal property distinguished. — Real estate of a decedent passes directly to the heirs or devisees and does not pass to the executor or administrator. With personal property the rule is otherwise, and before title passes there must be due administration followed by a determination of heirship and an order of distribution. Clovis Nat'l Bank v. Callaway, 1961-NMSC-129, 69 N.M. 119, 364 P.2d 748 (decided under prior law).
Am. Jur. 2d, A.L.R. and C.J.S. references. — 79 Am. Jur. 2d Wills § 227.
Relation back of probate of will in support of title or rights of persons claiming under or through devisee, 48 A.L.R. 1035.
Right to probate subsequently discovered will as affected by completed prior proceedings in intestate administration, 2 A.L.R.4th 1315.
95 C.J.S. Wills § 310.
Structure New Mexico Statutes
Chapter 45 - Uniform Probate Code
Article 3 - Probate of Wills and Administration
Section 45-3-101 - Devolution of estate at death; administration on deaths of husband and wife.
Section 45-3-102 - Necessity of order of probate for will.
Section 45-3-103 - Necessity of appointment for administration.
Section 45-3-104 - Claims against decedent; necessity of administration.
Section 45-3-105 - Proceedings affecting devolution and administration.
Section 45-3-105.1 - Repealed.
Section 45-3-106 - Proceedings before district court; service; jurisdiction over persons.
Section 45-3-107 - Scope of proceedings; proceedings independent; exception.
Section 45-3-108 - Probate, testacy and appointment proceedings; ultimate time limit.
Section 45-3-109 - Statutes of limitation on decedent's claim for relief.