New Mexico Statutes
Part 7 - DUTIES AND POWERS OF PERSONAL REPRESENTATIVES
Section 45-3-711 - Powers of personal representatives; in general.

A. Until termination of a personal representative's appointment, a personal representative has the same power over the title to property of the estate that an absolute owner would have, in trust however, for the benefit of creditors whose claims have been allowed and others interested in the estate. This power may be exercised without notice, hearing or order of court.
B. A personal representative has access to and authority over a digital asset of the decedent to the extent provided by the Revised Uniform Fiduciary Access to Digital Assets Act [46-13-1 to 46-13-18 NMSA 1978].
History: 1953 Comp., § 32A-3-711, enacted by Laws 1975, ch. 257, § 3-711; 2017, ch. 72, § 19.
The 2017 amendment, effective January 1, 2018, provided that a personal representative has authority over digital assets of the decedent to the extent provided by the Revised Uniform Fiduciary Access to Digital Assets Act; added subsection designation "A."; in Subsection A, after "termination of", deleted "his" and added "a personal representative", after "absolute owner would have", deleted "subject only to his trust to use and apply the property" and added "in trust however", and after "benefit of creditors", added "whose claims have been allowed"; and added Subsection B.
Official comments. — See Commissioners on Uniform State Law official comment to 3-711 UPC.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 33 C.J.S. Executors and Administrators § 184.

Structure New Mexico Statutes

New Mexico Statutes

Chapter 45 - Uniform Probate Code

Article 3 - Probate of Wills and Administration

Part 7 - DUTIES AND POWERS OF PERSONAL REPRESENTATIVES

Section 45-3-701 - Time of accrual of duties and powers.

Section 45-3-702 - Priority among different letters.

Section 45-3-703 - General duties; relation and liability to persons interested in estate; standing to sue.

Section 45-3-704 - Personal representative to proceed without court order; exception.

Section 45-3-705 - Duty of personal representative; notice to heirs and devisees.

Section 45-3-706 - Duty of personal representative; inventory and appraisement.

Section 45-3-707 - Employment of appraisers.

Section 45-3-708 - Duty of personal representative; supplementary inventory.

Section 45-3-709 - Duty of personal representative; possession of estate.

Section 45-3-710 - Power to avoid transfers.

Section 45-3-711 - Powers of personal representatives; in general.

Section 45-3-712 - Improper exercise of power; breach of fiduciary duty.

Section 45-3-713 - Sale, encumbrance or transaction involving conflict of interest; voidable; exceptions.

Section 45-3-714 - Persons dealing with personal representative; protection.

Section 45-3-715 - Transactions authorized for personal representatives; exceptions.

Section 45-3-716 - Powers and duties of successor personal representative.

Section 45-3-717 - Co-representatives; when joint action required.

Section 45-3-718 - Powers of surviving personal representative.

Section 45-3-719 - Compensation for personal representatives.

Section 45-3-720 - Expenses in estate litigation.

Section 45-3-721 - Proceedings for review of employment and compensation.