reglab/housing_qa huggingface dataset:
NM Stat § 45-4-101 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 4 - Foreign Personal Representatives; Ancillary Administration|Part 1 - DEFINITIONS|Section 45-4-101 - Definitions.

In Sections 4-101 through 4-401 [45-4-101 to 45-4-401 NMSA 1978]: A. "local administration" means administration by a personal representative appointed in New Mexico pursuant to appointment proceedings described in Sections 3-101 through 3-1204 [45-3-101 to 45-3-1204 NMSA 1978]; B. "local personal representative" includes any personal representative appointed in New Mexico pursuant to appointment proceedings described in Sections 3-101 through 3-1204 [45-3-101 to 45-3-1204 NMSA 1978] and excludes foreign personal representatives who acquire the power of a local personal representative pursuant to Section 4-205 [45-4-205 NMSA 1978]; and C. "resident creditor" means a person domiciled in or doing business in New Mexico, who is, or could be, a claimant against an estate of a nonresident decedent. History: 1953 Comp., § 32A-4-101, enacted by Laws 1975, ch. 257, § 4-101. ANNOTATIONSOfficial comments. — See Commissioners on Uniform State Law official comment to 4-101 UPC. Legislative intent. — The legislature enacted the ancillary probate system to provide a way to assure that a will is valid and that an executor proceeds according to law. Allen v. Amoco Prod. Co., 1992-NMCA-054, 114 N.M. 18, 833 P.2d 1199. Am. Jur. 2d, A.L.R. and C.J.S. references. — 31 Am. Jur. 2d Executors and Administrators § 1169. What constitutes estate of nonresident decedent within statute providing for local ancillary administration where decedent died leaving an estate in jurisdiction, 34 A.L.R.2d 1270. Right of foreign personal representative or guardian to vote stock owned by estate or ward, 41 A.L.R.2d 1082. Right of nonresident surviving spouse or minor children to allowance of property exempt from administration or to family allowance from local estate of nonresident decedent, 51 A.L.R.2d 1026. Capacity of local or foreign personal representative to maintain action for death under foreign statute providing for action by personal representative, 52 A.L.R.2d 1016. Capacity of foreign domiciliary or of ancillary personal representative to maintain action for death under statute of forum providing for action by personal representative, 52 A.L.R.2d 1048. Applications of rule permitting courts to exercise jurisdiction over equity actions against foreign personal representatives where there are assets within forum, 53 A.L.R.2d 323. State statutes or rules of court conferring in personam jurisdiction over nonresidents on the basis of isolated acts or transactions within state as applicable to personal representative of deceased nonresident, 19 A.L.R.3d 171. 34 C.J.S. Executors and Administrators § 988.
NM Stat § 45-4-201 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 4 - Foreign Personal Representatives; Ancillary Administration|Part 2 - POWERS OF FOREIGN PERSONAL REPRESENTATIVES|Section 45-4-201 - Payment of debt and delivery of property to domiciliary foreign personal representative without local administration.

At any time after the expiration of sixty days from the death of a nonresident decedent, any person indebted to the estate of the nonresident decedent or having possession or control of personal property, or of an instrument evidencing a debt, obligation, stock or chose in action belonging to the estate of the nonresident decedent, may pay the debt, deliver the personal property, or the instrument evidencing the debt, obligation, stock or chose in action, to the domiciliary foreign personal representative of the nonresident decedent upon being presented with proof of his appointment and an affidavit made by or on behalf of the representative stating: A. the date of the death of the nonresident decedent; B. that no local administration, or application or petition therefor, is pending in this state; and C. that the domiciliary foreign personal representative is entitled to payment or delivery. History: 1953 Comp., § 32A-4-201, enacted by Laws 1975, ch. 257, § 4-201. ANNOTATIONSOfficial comments. — See Commissioners on Uniform State Law official comment to 4-201 UPC. Cross references. — For general powers, duties and liabilities of a personal representative, see 45-3-703 NMSA 1978. For powers of domiciliary foreign personal representative, see 45-4-205 NMSA 1978. Right of nonresident to be ancillary administrator not questioned. — There is no question of the right of a nonresident to be appointed in New Mexico as an ancillary administrator subject to compliance with the formal requirements. In re Armijo's Will, 1953-NMSC-095, 57 N.M. 649, 261 P.2d 833 (decided under former law). Am. Jur. 2d, A.L.R. and C.J.S. references. — 31 Am. Jur. 2d Executors and Administrators §§ 1183 to 1197. Payment of negotiable paper to, or enforcement thereof by, personal representative of owner appointed in one state, as affected by appointment of another representative in another state, 149 A.L.R. 1083. Right of foreign domiciliary, or of ancillary, personal representative to maintain action for death under Federal Employers' Liability Act, 163 A.L.R. 1284. Basis of distribution among decedent's unsecured creditors, of ancillary assets where entire estate or ancillary estate is insolvent, 164 A.L.R. 765. 33 C.J.S. Executors and Administrators § 11; 34 C.J.S. Executors and Administrators §§ 998, 1056.
NM Stat § 45-4-202 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 4 - Foreign Personal Representatives; Ancillary Administration|Part 2 - POWERS OF FOREIGN PERSONAL REPRESENTATIVES|Section 45-4-202 - Payment or delivery discharges.

Payment or delivery made in good faith on the basis of the proof of authority and affidavit releases the debtor or person having possession of the personal property of his obligation to the same extent as if payment or delivery had been made to a local personal representative. History: 1953 Comp., § 32A-4-202, enacted by Laws 1975, ch. 257, § 4-202. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 34 C.J.S. Executors and Administrators § 998.
NM Stat § 45-4-203 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 4 - Foreign Personal Representatives; Ancillary Administration|Part 2 - POWERS OF FOREIGN PERSONAL REPRESENTATIVES|Section 45-4-203 - Resident creditor notice.

Payment or delivery under Section 4-201 [45-4-201 NMSA 1978] may not be made if a resident creditor of the nonresident decedent has notified the debtor of the nonresident decedent or the person having possession of the personal property belonging to the nonresident decedent that the debt should not be paid nor the property delivered to the domiciliary foreign personal representative. History: 1953 Comp., § 32A-4-203, enacted by Laws 1975, ch. 257, § 4-203. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 33 C.J.S. Executors and Administrators § 11; 34 C.J.S. Executors and Administrators §§ 598, 1056.
NM Stat § 45-4-204 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 4 - Foreign Personal Representatives; Ancillary Administration|Part 2 - POWERS OF FOREIGN PERSONAL REPRESENTATIVES|Section 45-4-204 - Proof of authority; bond.

If no local administration or application or petition therefor is pending in New Mexico, a domiciliary foreign personal representative may file with the court of a county in which property belonging to the decedent is located authenticated copies of his appointment and of any official bond he has given and a statement of the domiciliary foreign personal representative's address. History: 1953 Comp., § 32A-4-204, enacted by Laws 1975, ch. 257, § 4-204; 1983, ch. 194, § 11. ANNOTATIONSCompiler's notes. — This section is similar to former 31-2-4, 1953 Comp. Am. Jur. 2d, A.L.R. and C.J.S. references. — 34 C.J.S. Executors and Administrators § 998.
NM Stat § 45-4-205 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 4 - Foreign Personal Representatives; Ancillary Administration|Part 2 - POWERS OF FOREIGN PERSONAL REPRESENTATIVES|Section 45-4-205 - Powers.

A domiciliary foreign personal representative who has complied with Section 4-204 [45-4-204 NMSA 1978] may exercise as to assets in New Mexico all powers of a local personal representative and may maintain actions and proceedings in New Mexico subject to any conditions imposed upon nonresident parties generally. History: 1953 Comp., § 32A-4-205, enacted by Laws 1975, ch. 257, § 4-205. ANNOTATIONSCompiler's notes. — This section includes within its scope some of the functions of former 31-2-5 and 31-2-8, 1953 Comp. Jurisdiction where multiple nonresident representatives. — An action by a Colorado domiciliary executor against a New Mexico ancillary administrator to enforce an accounting was properly dismissed by a federal court because the New Mexico court had exclusive jurisdiction under former 16-4-10, 1953 Comp., of the estate in New Mexico and was the proper forum in which to bring the administrator to account for any money due the estate. Patterson v. Wynkoop, 329 F.2d 59 (10th Cir. 1964) (decided under former law). Discretion not abused in refusing to transmit distribution to California. — Where more than enough money had been collected in California by decedent's widow as domiciliary administratrix to satisfy and discharge all unpaid, approved claims which had priority over the family allowance under California law, even though she had consumed the moneys collected in payment of the family allowance, and left the preferred claims unsatisfied, there was no abuse of discretion on the part of the New Mexico trial court in refusing to transmit surplus funds for distribution in California. Anderson v. Minton, 1948-NMSC-063, 52 N.M. 393, 200 P.2d 361 (decided under former law). Am. Jur. 2d, A.L.R. and C.J.S. references. — 34 C.J.S. Executors and Administrators § 998.
NM Stat § 45-4-206 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 4 - Foreign Personal Representatives; Ancillary Administration|Part 2 - POWERS OF FOREIGN PERSONAL REPRESENTATIVES|Section 45-4-206 - Power of representatives in transition.

A. The power of a domiciliary foreign personal representative under Section 4-201 [45-4-201 NMSA 1978] or 4-205 [45-4-205 NMSA 1978] shall be exercised only if there is no administration or application for administration pending in New Mexico. An application or petition for local administration of the estate terminates the power of the foreign personal representative to act under Section 4-205, but the district court may allow the foreign personal representative to exercise limited powers to preserve the estate. B. No person who, before receiving actual notice of a pending local administration, has changed his position in reliance upon the powers of a foreign personal representative shall be prejudiced by reason of the application or petition for, or grant of, local administration. C. The local personal representative is subject to all duties and obligations which have accrued by virtue of the exercise of the powers by the foreign personal representative and may be substituted for him in any action or proceedings in New Mexico. History: 1953 Comp., § 32A-4-206, enacted by Laws 1975, ch. 257, § 4-206. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 34 C.J.S. Executors and Administrators § 998.
NM Stat § 45-4-207 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 4 - Foreign Personal Representatives; Ancillary Administration|Part 2 - POWERS OF FOREIGN PERSONAL REPRESENTATIVES|Section 45-4-207 - Ancillary and other local administrations; provisions governing.

A. Upon the filing of an authenticated copy of the will, if any, and an authenticated copy of the domiciliary letters with the court, a foreign personal representative may be granted ancillary letters of administration in formal proceedings in the same manner as provided in Section 3-414 [45-3-414 NMSA 1978] and subject to any bond requirement as provided in Sections 3-603 and 3-604 [45-3-603, 45-3-604 NMSA 1978]. B. In respect to a nonresident decedent, the provisions of Sections 3-101 through 3-1204 [45-3-101 to 45-3-1204 NMSA 1978] govern: (1) proceedings, if any, in a court of New Mexico for probate of the will, appointment, removal, supervision and discharge of the local personal representative, and any other order concerning the estate; and (2) the status, powers and duties and liabilities of any local personal representative and the rights of claimants, purchasers, distributees and others in regard to a local administration. History: 1953 Comp., § 32A-4-207, enacted by Laws 1975, ch. 257, § 4-207. ANNOTATIONSOfficial comments. — See Commissioners on Uniform State Law official comment to 4-207 UPC. Am. Jur. 2d, A.L.R. and C.J.S. references. — 34 C.J.S. Executors and Administrators § 998.
NM Stat § 45-4-301 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 4 - Foreign Personal Representatives; Ancillary Administration|Part 3 - JURISDICTION OVER FOREIGN PERSONAL REPRESENTATIVES|Section 45-4-301 - Jurisdiction by act of foreign personal representative.

A. A foreign personal representative submits personally to the jurisdiction of the courts of New Mexico in any proceeding relating to the estate by: (1) filing the documents and statement as provided in Section 4-204 [45-4-204 NMSA 1978]; (2) receiving payment of money or taking delivery of personal property under Section 4-201 [45-4-201 NMSA 1978]; or (3) doing any act as a personal representative in New Mexico which would have given the state jurisdiction over him as an individual. B. Jurisdiction under Paragraph (2) of Subsection A of this section is limited to the money or value of personal property collected. History: 1953 Comp., § 32A-4-301, enacted by Laws 1975, ch. 257, § 4-301. ANNOTATIONSOfficial comments. — See Commissioners on Uniform State Law official comment to 4-301 UPC. Am. Jur. 2d, A.L.R. and C.J.S. references. — Capacity of foreign domiciliary or of ancillary personal representative to maintain action for death under statute of forum providing for action by personal representative, 52 A.L.R.2d 1048. Applications of rule permitting courts to exercise jurisdiction over equity actions against foreign personal representatives where there are assets within forum, 53 A.L.R.2d 323. State statutes or rules of court conferring in personam jurisdiction over nonresidents on the basis of isolated acts or transactions within state as applicable to personal representative of deceased nonresident, 19 A.L.R.3d 171. 34 C.J.S. Executors and Administrators § 988.
NM Stat § 45-4-302 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 4 - Foreign Personal Representatives; Ancillary Administration|Part 3 - JURISDICTION OVER FOREIGN PERSONAL REPRESENTATIVES|Section 45-4-302 - Jurisdiction by act of decedent.

In addition to jurisdiction conferred by Section 4-301 [45-4-301 NMSA 1978], a foreign personal representative is subject to the jurisdiction of the courts of New Mexico to the same extent that his decedent was subject to jurisdiction immediately prior to death. History: 1953 Comp., § 32A-4-302, enacted by Laws 1975, ch. 257, § 4-302. ANNOTATIONSCompiler's notes. — This section includes within its scope some of the functions of former 31-2-5 and 31-2-9, 1953 Comp. Generally. — The generally accepted rule, absent exceptional circumstances, is that the personal representative of a decedent cannot be sued in an action at law in a state other than that of his appointment, unless ancillary letters of administration have issued. State ex rel. Scott v. Zinn, 1964-NMSC-105, 74 N.M. 224, 392 P.2d 417 (decided under former law). Texas administrator not liable in New Mexico for Colorado tort. — The administrator of an estate in Texas is not subject to suit at law in New Mexico for the alleged torts of his decedent in Colorado. State ex rel. Scott v. Zinn, 1964-NMSC-105, 74 N.M. 224, 392 P.2d 417 (decided under former law). Am. Jur. 2d, A.L.R. and C.J.S. references. — 34 C.J.S. Executors and Administrators § 1012.
NM Stat § 45-4-303 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 4 - Foreign Personal Representatives; Ancillary Administration|Part 3 - JURISDICTION OVER FOREIGN PERSONAL REPRESENTATIVES|Section 45-4-303 - Notice to a foreign personal representative.

Notice shall be given to a foreign personal representative in the manner prescribed by Section 45-1-401 NMSA 1978. History: 1953 Comp., § 32A-4-303, enacted by Laws 1975, ch. 257, § 4-303; 1977, ch. 121, § 8; repealed and reenacted by Laws 1978, ch. 159, § 14. ANNOTATIONSRepeals and reenactments. — Laws 1978, ch. 159, § 14, repealed former 32A-4-303, as enacted by Laws 1975, ch. 257, § 4-303, as amended by Laws 1977, ch. 121, § 8, relating to service on foreign personal representative, and enacted a new section, effective March 6, 1978. Compiler's notes. — This section includes within its scope some of the functions of former 31-2-6, 1953 Comp. Am. Jur. 2d, A.L.R. and C.J.S. references. — 34 C.J.S. Executors and Administrators § 1012.
NM Stat § 45-4-401 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 4 - Foreign Personal Representatives; Ancillary Administration|Part 4 - ADJUDICATION|Section 45-4-401 - Effect of adjudication.

An adjudication rendered in any jurisdiction in favor of or against any personal representative of the estate is as binding on the local personal representative as if the local personal representative were a party to the adjudication. History: 1978 Comp., § 45-4-401, enacted by Laws 1995, ch. 210, § 49. ANNOTATIONSEffective dates. — Laws 1995, ch. 210, § 94 made the act effective July 1, 1995.
NM Stat § 45-5-102 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 5 - Protection of Persons Under Disability and Their Property|Part 1 - GENERAL PROVISIONS|Section 45-5-102 - Jurisdiction of subject matter; consolidation of proceedings.

A. Chapter 45, Article 5 NMSA 1978 applies to guardianship and protective proceedings for individuals over whom the court has jurisdiction and to property coming into the control of a guardian or conservator who is subject to the laws of New Mexico. B. The court has exclusive jurisdiction over protective proceedings for minors domiciled in or having property located in New Mexico. Except to the extent that the guardianship is subject to the Uniform Child-Custody Jurisdiction and Enforcement Act [40-10A-101 to 40-10A-403 NMSA 1978], the court has exclusive jurisdiction over guardianship proceedings for minors domiciled or present in New Mexico. C. The court has exclusive jurisdiction over guardianship and protective proceedings for an adult individual as provided in the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act [Chapter 45, Article 5A NMSA 1978]. D. When both guardianship and protective proceedings as to the same person are commenced or pending in the same court, the proceedings may be consolidated. History: 1953 Comp., § 32A-5-102, enacted by Laws 1975, ch. 257, § 5-102; 2011, ch. 124, § 53. ANNOTATIONSThe 2011 amendment, effective January 1, 2012, added Subsection A to specify the jurisdiction of the district court in guardianship and guardianship protective proceedings for minors and adults; and added Subsection C. Am. Jur. 2d, A.L.R. and C.J.S. references. — Power of guardian or committee of incompetent in respect of insurance on ward's life, or of policy under which he has interest, 84 A.L.R. 366. Divorce court's acquisition of jurisdiction over custody and maintenance of child as precluding guardianship proceedings in another court, 146 A.L.R. 1167. Power of guardian or committee to compromise liquidated, contract claim or money judgment, and of courts to authorize or approve such a compromise, 155 A.L.R. 196. Function, power and discretion of court as affected by testamentary appointment of guardian of minor, 67 A.L.R.2d 803. Power to make charitable gifts from estate of incompetent, 99 A.L.R.2d 946. Power of court or guardian to make noncharitable gifts or allowances out of funds of incompetent ward, 24 A.L.R.3d 863. Ademption or revocation of specific devise or bequest by guardian, committee, conservator or trustee of mentally or physically incompetent testator, 84 A.L.R.4th 462. 14 C.J.S. Chemical Dependents § 9; 39 C.J.S. Guardian and Ward § 11; 57 C.J.S. Mental Health §§ 21 et seq., 108 et seq.
NM Stat § 45-5-104 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 5 - Protection of Persons Under Disability and Their Property|Part 1 - GENERAL PROVISIONS|Section 45-5-104 - Delegation of powers by parent or guardian.

A parent or a guardian of a minor or an incapacitated person, by an acknowledged power of attorney, may delegate to another person, for a period not exceeding six months, any of the parent's or guardian's powers regarding care, custody or property of the minor child or protected person, except the power to consent to marriage or adoption of a minor protected person. History: 1953 Comp., § 32A-5-104, enacted by Laws 1975, ch. 257, § 5-104; 2009, ch. 159, § 27. ANNOTATIONSThe 2009 amendment, effective June 19, 2009, deleted "ward" and added "protected person". Agreements subject to judicial modification. — Agreements between parents and third parties regarding the guardianship, care, custody, maintenance or education of children are subject to judicial modification. In re Adoption of Doe, 1982-NMCA-094, 98 N.M. 340, 648 P.2d 798, cert. denied, Cook v. Brownfield, 98 N.M. 336, 648 P.2d 794. Am. Jur. 2d, A.L.R. and C.J.S. references. — 14 C.J.S. Chemical Dependents § 4; 39 C.J.S. Guardian and Ward § 55; 57 C.J.S. Mental Health § 108 et seq.
NM Stat § 45-5-105 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 5 - Protection of Persons Under Disability and Their Property|Part 1 - GENERAL PROVISIONS|Section 45-5-105 - Compensation and expenses.

If not otherwise compensated for services rendered, any visitor, attorney, qualified health care professional or guardian appointed in a guardianship proceeding is entitled to reasonable compensation from the estate of the incapacitated person. History: Laws 1993, ch. 301, § 23.
NM Stat § 45-5-106 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 5 - Protection of Persons Under Disability and Their Property|Part 1 - GENERAL PROVISIONS|Section 45-5-106 - Repealed.

ANNOTATIONSRepeals. — Laws 1997, ch. 168 § 15 repealed 45-5-106 NMSA 1978, as enacted by Laws 1993, ch. 301, § 27, relating to enforceability of an advance directive executed in another jurisdiction, effective July 1, 1997. For provisions of former section, see the 1996 NMSA 1978 on NMOneSource.com. For present comparable provisions, see 24-7A-16C NMSA 1978.