A. On petition of any person who appears to have an interest in the estate, the district court by temporary order may restrain a personal representative from performing specified acts of administration, disbursement or distribution, or exercise of any powers or discharge of any duties of his office, or make any other order to secure proper performance of his duty. Persons with whom the personal representative may transact business may be made parties.
B. The matter shall be set for hearing within ten days. Notice shall be given to the personal representative and his attorney of record, if any, and to such other persons as the district court may direct.
History: 1953 Comp., § 32A-3-607, enacted by Laws 1975, ch. 257, § 3-607.
Official comments. — See Commissioners on Uniform State Law official comment to 3-607 UPC.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 33 C.J.S. Executors and Administrators § 147.
Structure New Mexico Statutes
Chapter 45 - Uniform Probate Code
Article 3 - Probate of Wills and Administration
Part 6 - PERSONAL REPRESENTATIVE; APPOINTMENT, CONTROL AND TERMINATION OF AUTHORITY
Section 45-3-601 - Qualification.
Section 45-3-602 - Acceptance of appointment; consent to jurisdiction.
Section 45-3-603 - Bond requirements.
Section 45-3-604 - Bond amount; security; procedure; reduction.
Section 45-3-605 - Demand for bond by interested person.
Section 45-3-606 - Terms and conditions of bonds.
Section 45-3-607 - Order restraining personal representative.
Section 45-3-608 - Termination of appointment; general.
Section 45-3-609 - Termination of appointment; death or disability.
Section 45-3-610 - Termination of appointment; voluntary.
Section 45-3-611 - Termination of appointment by removal; cause; procedure.
Section 45-3-612 - Termination of appointment; change of testacy status.
Section 45-3-613 - Successor personal representative.
Section 45-3-614 - Special administrator; appointment.
Section 45-3-615 - Special administrator; who may be appointed.
Section 45-3-616 - Special administrator; appointed informally; powers and duties.
Section 45-3-617 - Special administrator; formal proceedings; powers and duties.
Section 45-3-618 - Termination of appointment; special administrator.