A. If a special administrator is to be appointed pending the probate of a will which is the subject of a pending application or petition for probate, the person named personal representative in the will shall be appointed if available, and qualified.
B. In all other cases, any proper person may be appointed special administrator.
History: 1953 Comp., § 32A-3-615, enacted by Laws 1975, ch. 257, § 3-615.
Official comments. — See Commissioners on Uniform State Law official comment to 3-615 UPC.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 34 C.J.S. Executors and Administrators §§ 1035, 1036.
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.