In proceedings before the district court where notice is required by the Uniform Probate Code or by rule, and in proceedings to construe probated wills or determine heirs which concern estates that have not been and cannot now be opened for administration, interested persons may be bound by the orders of the district court in respect to property in or subject to the laws of New Mexico by notice in conformity with Section 45-1-401 NMSA 1978. An order is binding as to all who are given notice of the proceeding though less than all interested persons are notified.
History: 1953 Comp., § 32A-3-106, enacted by Laws 1975, ch. 257, § 3-106; 1995, ch. 210, § 32.
The 1995 amendment, effective July 1, 1995, in the first sentence, inserted "Uniform", inserted "and in proceedings to construe probated wills or determine heirs which concern estates that have not been and cannot now be open for administration" and substituted "Section 45-1-401 NMSA 1978" for "Section 1-401".
Am. Jur. 2d, A.L.R. and C.J.S. references. — Decree of court of domicile respecting validity or construction of will, or admitting it or denying its admission to probate, as conclusive as regards real estate in another state devised by will, 131 A.L.R. 1023.
21 C.J.S. Courts §§ 39 to 49.
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Section 45-3-105.1 - Repealed.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.