The probate or the district court may decline an application for informal appointment of a personal representative for any reason. A declination of informal appointment is not an adjudication and does not preclude appointment in formal proceedings.
History: 1953 Comp., § 32A-3-309, enacted by Laws 1975, ch. 257, § 3-309; 1978, ch. 159, § 10; 2011, ch. 124, § 45.
Official comments. — See Commissioners on Uniform State Law official comment to 3-309 UPC.
The 2011 amendment, effective January 1, 2012, provided that the court may deny an application for an informal appointment of a personal representative.
Am. Jur. 2d, A.L.R. and C.J.S. references. — Power of court to refuse letters testamentary to one named in will as executor, absent specific statutory disqualification, 95 A.L.R. 828.
Judgment or order in connection with appointment of executor or administrator as res judicata, as law of the case, or as evidence, on questions other than the validity of the appointment, 119 A.L.R. 594.
33 C.J.S. Executors and Administrators § 63.
Structure New Mexico Statutes
Chapter 45 - Uniform Probate Code
Article 3 - Probate of Wills and Administration
Part 3 - INFORMAL PROBATE AND APPOINTMENT PROCEEDINGS
Section 45-3-301 - Informal probate or appointment proceedings; application; contents.
Section 45-3-302 - Informal probate; duty of court; effect of informal probate.
Section 45-3-303 - Informal probate; proof and findings required.
Section 45-3-305 - Informal probate; court not satisfied.
Section 45-3-306 - Informal probate; notice requirements.
Section 45-3-308 - Informal appointment proceedings; proof and findings required.
Section 45-3-309 - Informal appointment proceedings; court not satisfied.
Section 45-3-310 - Informal appointment proceedings; notice requirements.
Section 45-3-311 - Informal appointment unavailable in certain cases.