reglab/housing_qa huggingface dataset:
NM Stat § 40-11A-901 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 11A - New Mexico Uniform Parentage Act|Article 9 - MISCELLANEOUS PROVISIONS|Section 40-11A-901 - Uniformity of application and construction.

In applying and construing the Uniform Parentage Act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. History: Laws 2009, ch. 215, § 9-901. ANNOTATIONSEffective dates. — Laws 2009, ch. 215, § 20 made the New Mexico Uniform Parentage Act effective January 1, 2010.
NM Stat § 40-11A-902 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 11A - New Mexico Uniform Parentage Act|Article 9 - MISCELLANEOUS PROVISIONS|Section 40-11A-902 - Severability.

If any provision of the New Mexico Uniform Parentage Act or its application to a person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the New Mexico Uniform Parentage Act that can be given effect without the invalid provision or application, and to this end, the provisions of the New Mexico Uniform Parentage Act are severable. History: Laws 2009, ch. 215, § 9-902. ANNOTATIONSEffective dates. — Laws 2009, ch. 215, § 20 made the New Mexico Uniform Parentage Act effective January 1, 2010.
NM Stat § 40-11A-903 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 11A - New Mexico Uniform Parentage Act|Article 9 - MISCELLANEOUS PROVISIONS|Section 40-11A-903 - Transitional provision.

A proceeding to adjudicate parentage that was commenced before the effective date of the New Mexico Uniform Parentage Act is governed by the law in effect at the time the proceeding was commenced. History: Laws 2009, ch. 215, § 9-903. ANNOTATIONSEffective dates. — Laws 2009, ch. 215, § 20 made the New Mexico Uniform Parentage Act effective January 1, 2010.
NM Stat § 45-1-101 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 1 - Uniform Probate Code|Part 1 - SHORT TITLE, CONSTRUCTION AND GENERAL PROVISIONS|Section 45-1-101 - Short title.

Chapter 45 NMSA 1978 may be cited as the "Uniform Probate Code". History: 1953 Comp., § 32A-1-101, enacted by Laws 1975, ch. 257, § 1-101; 1993, ch. 174, § 2. ANNOTATIONSCross references. — For estate taxes, see 7-7-1 to 7-7-12 NMSA 1978. For disposition of unclaimed property, see 7-8A-1 NMSA 1978. For probate courts, see 34-7-1 NMSA 1978 et seq. For additional record or docket of decedents' estates, see 34-7-20 NMSA 1978. For record of bonds and wills, see 34-7-21 NMSA 1978. For probate court forms, see 4B-001 NMRA. The 1993 amendment, effective July 1, 1993, substituted "Chapter 45 NMSA 1978" for "This act" and inserted "Uniform". Law reviews. — For article, "Intestate Succession and Wills Law: The New Probate Code," see 6 N.M.L. Rev. 25 (1975). For survey, "Article VII of the New Probate Code: In Pursuit of Uniform Trust Administration," see 6 N.M.L. Rev. 213 (1976). For comment, "In-Migration of Couples from Common Law Jurisdictions: Protecting the Wife at the Dissolution of the Marriage," see 9 N.M.L. Rev. 113 (1978-79). For article, "Survey of New Mexico Law, 1979-80: Estates and Trusts," see 11 N.M.L. Rev. 151 (1981). For annual survey of New Mexico law relating to estates and trusts, see 12 N.M.L. Rev. 363 (1982). For annual survey of New Mexico law relating to estates and trusts, see 13 N.M.L. Rev. 395 (1983). For article, "Survey of New Mexico Law, 1982-83: Estates and Trusts," see 14 N.M.L. Rev. 153 (1984). For annual survey of New Mexico law of estates and trusts, 19 N.M.L. Rev. 669 (1990). For annual survey of New Mexico Law of Wills and Trusts, see 20 N.M.L. Rev. 439 (1990). For article, "The New Mexico Uniform Trust Code," see 34 N.M.L. Rev. 1 (2004).
NM Stat § 45-1-103 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 1 - Uniform Probate Code|Part 1 - SHORT TITLE, CONSTRUCTION AND GENERAL PROVISIONS|Section 45-1-103 - Supplementary general principles of law applicable.

The principles of law and equity supplement the [Uniform] Probate Code's provisions, unless specifically displaced by particular provisions of the code. History: 1953 Comp., § 32A-1-103, enacted by Laws 1975, ch. 257, § 1-103. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Principles of equity. — The district court sitting in probate and the probate courts are not invested with general civil jurisdiction, but they do have the power to apply principles of equity in and of their functions as probate courts unless specifically displaced by provisions of the Uniform Probate Code. In re Estates of Salas, 1987-NMCA-018, 105 N.M. 472, 734 P.2d 250. Supplemental award of attorney's fees is authorized for services rendered which confer a benefit upon the estate. In re Estate of Foster, 1985-NMCA-038, 102 N.M. 707, 699 P.2d 638.
NM Stat § 45-1-104 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 1 - Uniform Probate Code|Part 1 - SHORT TITLE, CONSTRUCTION AND GENERAL PROVISIONS|Section 45-1-104 - Severability.

If any provision of the Uniform Probate Code or its application to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of that code that can be given effect without the invalid provision or application, and to this end, the provisions of the code are severable. History: 1953 Comp., § 32A-1-104, enacted by Laws 1975, ch. 257, § 1-104; 2011, ch. 124, § 2. ANNOTATIONSThe 2011 amendment, effective January 1, 2012, revised the language of this section to clarify the scope of the severability provision.
NM Stat § 45-1-105 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 1 - Uniform Probate Code|Part 1 - SHORT TITLE, CONSTRUCTION AND GENERAL PROVISIONS|Section 45-1-105 - Construction against implied repeal, amendment or expansion.

The [Uniform] Probate Code is a general act intended as a unified coverage of its subject matter and no part of it shall be deemed impliedly repealed, amended or expanded by subsequent legislation. History: 1953 Comp., § 32A-1-105, enacted by Laws 1975, ch. 257, § 1-105. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
NM Stat § 45-1-108 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 1 - Uniform Probate Code|Part 1 - SHORT TITLE, CONSTRUCTION AND GENERAL PROVISIONS|Section 45-1-108 - Acts by holder of general power.

For the purpose of granting consent or approval with regard to the acts or accounts of a personal representative or trustee, including relief from liability or penalty for failure to post bond, or to perform other duties, and for purposes of consenting to modification or termination of a trust or deviation from its terms, the sole holder or all co-holders of a presently exercisable general power of appointment, including one in the form of a power of amendment or revocation, are deemed to act for beneficiaries to the extent their interests, as objects, takers in default or otherwise, are subject to the power. History: 1953 Comp., § 32A-1-108, enacted by Laws 1975, ch. 257, § 1-108; 2016, ch. 69, § 701. ANNOTATIONSThe 2016 amendment, effective July 1, 2016, amended the applicable acts by a holder of general power of appointment that are deemed to be on behalf of beneficiaries; after the heading, deleted the subsection designation "A", and in the first sentence of former Subsection A, after "representative or trustee", added "including relief from liability or penalty for failure to post bond, or to perform other duties, and for purposes of consenting to modification or termination of a trust or deviation from its terms"; and deleted Subsection B. If beneficiaries unidentified, power not created. — The language of the decedent's will was insufficient to create a valid power of appointment, since it failed to identify with reasonable certainty the class of persons or entities from whom the beneficiaries could be selected under a power of appointment, nor did the will give the holder the unrestricted power to select any individuals or entities as beneficiaries. Under these circumstances, the purported power of appointment was too ambiguous to be enforced. In re Estate of Boyer, 1994-NMCA-005, 117 N.M. 74, 868 P.2d 1299. Am. Jur. 2d, A.L.R. and C.J.S. references. — 62 Am. Jur. 2d Powers of Appointment and Alienation §§ 85 to 234. Share of beneficiary of trust or of decedent's estate, who is also trustee or executor or administrator, as subject to charge in respect of his liability in his fiduciary capacity, 123 A.L.R. 1320. Accountability of personal representative for his use of decedent's real estate, 31 A.L.R.2d 243. Power and standing of personal representative of deceased promisee to enforce a contract made for benefit of a third party, 76 A.L.R.2d 231. 72 C.J.S. Powers §§ 12 to 20.
NM Stat § 45-1-109 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 1 - Uniform Probate Code|Part 1 - SHORT TITLE, CONSTRUCTION AND GENERAL PROVISIONS|Section 45-1-109 - Security interests not affected.

No provision of the [Uniform] Probate Code alters or affects the right of a secured creditor to enforce his security interest against secured property included in the estate of a decedent. History: 1953 Comp., § 32A-1-109, enacted by Laws 1975, ch. 257, § 1-109. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Am. Jur. 2d, A.L.R. and C.J.S. references. — 21 Am. Jur. 2d Creditors' Bills § 39. 21 C.J.S. Creditor and Debtor § 96.
NM Stat § 45-1-110 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 1 - Uniform Probate Code|Part 1 - SHORT TITLE, CONSTRUCTION AND GENERAL PROVISIONS|Section 45-1-110 - Time of taking effect; provisions for transition.

Except as provided elsewhere in the Uniform Probate Code, on the effective date of this code or of any amendment to this code: A. the code or the amendment applies to governing instruments executed by decedents dying thereafter; B. the code or the amendment applies to any proceedings in court then pending or thereafter commenced regardless of the time of the death of decedent except to the extent that in the opinion of the court the former procedure should be made applicable in a particular case in the interest of justice or because of infeasibility of application of the procedure of this code or the amendment; C. every personal representative or other fiduciary holding an appointment under this code on that date continues to hold the appointment but has only the powers conferred by this code or the amendment and is subject to the duties imposed with respect to any act occurring or done thereafter; D. an act done before the effective date in any proceeding and any accrued right is not impaired by this code or the amendment. If a right is acquired, extinguished or barred upon the expiration of a prescribed period of time that has commenced to run by the provisions of any statute before the effective date, the provisions shall remain in force with respect to that right; and E. any rule of construction or presumption provided in this code or the amendment applies to governing instruments executed before the effective date unless there is a clear indication of a contrary intent in the governing instrument. History: 1978 Comp., § 45-1-110, enacted by Laws 1995, ch. 210, § 1; 2011, ch. 124, § 4. ANNOTATIONSThe 2011 amendment, effective January 1, 2012, in Subsection E, required that the intent not to apply the rules of construction or presumption provided in the Uniform Probate Code to a governing instrument must be indicated in the governing instrument.
NM Stat § 45-1-302.1 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 1 - Uniform Probate Code|Part 3 - SCOPE, JURISDICTION AND COURTS|Section 45-1-302.1 - Concurrent jurisdiction.

The district courts have concurrent jurisdiction with the probate courts in each county within their respective judicial district as to all matters concerning informal probate. History: 1953 Comp., § 32A-1-302.1, enacted by Laws 1977, ch. 121, § 2. ANNOTATIONSCross references. — For jurisdiction and powers of district courts, see N.M. Const., art. VI, § 13. For jurisdiction and powers of probate court, see N.M. Const., art. VI, § 23. For probate courts, see 34-7-1 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. — 20 Am. Jur. 2d Courts § 71. 30A C.J.S. Equity § 60.
NM Stat § 45-1-303 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 1 - Uniform Probate Code|Part 3 - SCOPE, JURISDICTION AND COURTS|Section 45-1-303 - Venue; multiple proceedings; transfer.

A. Subject to the provisions of Sections 45-1-302 and 45-3-201 NMSA 1978 and Chapter 45, Article 5 NMSA 1978 and the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act [Chapter 45, Article 5A NMSA 1978], if a proceeding under the Uniform Probate Code could be maintained in more than one place in New Mexico, the court in which the proceeding is first commenced has the exclusive right to proceed. B. If proceedings concerning the same estate, protected person or trust are commenced in more than one court of New Mexico, the court having jurisdiction in which the proceeding was first commenced shall continue to hear the matter and the other courts shall hold the matter in abeyance until the question of venue is decided. If the ruling court determines that venue is properly in another court having jurisdiction, it shall transfer the proceeding to the other court. C. If a court finds that in the interest of justice a proceeding or a file should be located in another court of New Mexico having jurisdiction, the court making the finding may transfer the proceeding or file to the other court. History: 1953 Comp., § 32A-1-303, enacted by Laws 1975, ch. 257, § 1-303; 2009, ch. 159, § 21; 2011, ch. 124, § 8. ANNOTATIONSThe 2011 amendment, effective January 1, 2012, made the venue of proceedings under the code subject to Section 45-1-302 NMSA 1978, Chapter 45, Article 5 NMSA 1978, and the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act. The 2009 amendment, effective June 19, 2009, in Subsection B, after "protected person", deleted "ward". Transfer of proceeding to another court within trial court's discretion. In re Estate of Ruther, 1981-NMCA-078, 96 N.M. 462, 631 P.2d 1330. Law reviews. — For survey, "Article VII of the New Probate Code: In Pursuit of Uniform Trust Administration," see 6 N.M.L. Rev. 213 (1976). For annual survey of New Mexico law relating to civil procedure, see 13 N.M.L. Rev. 251 (1983). For annual survey of New Mexico law relating to estates and trusts, see 13 N.M.L. Rev. 395 (1983). Am. Jur. 2d, A.L.R. and C.J.S. references. — 77 Am. Jur. 2d Venue §§ 25, 56, 75. 92 C.J.S. Venue § 5.
NM Stat § 45-1-304 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 1 - Uniform Probate Code|Part 3 - SCOPE, JURISDICTION AND COURTS|Section 45-1-304 - Civil practice.

Unless specifically provided to the contrary in the [Uniform] Probate Code, or unless inconsistent with its provisions, the Rules of Civil Procedure govern formal and informal proceedings under the code. History: 1953 Comp., § 32A-1-304, enacted by Laws 1975, ch. 257, § 1-304; 1978, ch. 159, § 3. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For Rules of Civil Procedure in the District Courts, see 1-001 NMRA. Law reviews. — For survey, "Article VII of the New Probate Code: In Pursuit of Uniform Trust Administration," see 6 N.M.L. Rev. 213 (1976). Am. Jur. 2d, A.L.R. and C.J.S. references. — 80 Am. Jur. 2d Wills § 1024. 95 C.J.S. Wills § 422.
NM Stat § 45-1-305 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 1 - Uniform Probate Code|Part 3 - SCOPE, JURISDICTION AND COURTS|Section 45-1-305 - Records and certified copies.

A. The clerk of the district court and the clerk of the probate court shall each keep a record for each decedent, protected person or trust involved in any document that may be filed with the clerk's respective court under the Uniform Probate Code, including petitions and applications, demands for notices or bonds and orders by the respective court, and responses relating thereto, and shall establish and maintain a system for indexing, filing or recording that is sufficient to enable users of the records to obtain adequate information. Upon payment of the fees required by law, the clerk shall issue certified copies of any probated wills, letters issued to personal representatives or any other record or paper filed or recorded. Certificates relating to probated wills shall indicate whether the decedent was domiciled in New Mexico and whether the probate was formal or informal. Such certificates shall also indicate the names and addresses of any known heirs. Certificates relating to letters shall show the date of appointment. B. If convenient or desirable for any reason, the presiding district judge for each judicial district shall have the power, at the judge's discretion, to order that the records of informal probate proceedings of a particular county be kept under the supervision of the probate court or clerk of the probate court of that county for such period of time as the district judge may determine. History: 1953 Comp., § 32A-1-305, enacted by Laws 1975, ch. 257, § 1-305; 1983, ch. 194, § 2; 2009, ch. 159, § 22. ANNOTATIONSThe 2009 amendment, effective June 19, 2009, in Subsection A, after "each decedent" deleted "ward". Am. Jur. 2d, A.L.R. and C.J.S. references. — 79 Am. Jur. 2d Wills § 730. 71 C.J.S. Pleading § 33.
NM Stat § 45-1-306 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 1 - Uniform Probate Code|Part 3 - SCOPE, JURISDICTION AND COURTS|Section 45-1-306 - Jury trial.

If demanded, in the manner provided by the Rules of Civil Procedure, a party is entitled to a trial by jury in a formal testacy proceeding and in any proceeding in which any controverted question of fact arises as to which any party has a constitutional right to trial by jury. History: 1953 Comp., § 32A-1-306, enacted by Laws 1975, ch. 257, § 1-306. ANNOTATIONSCross references. — For Rules of Civil Procedure in the District Courts, see 1-001 NMRA. For demand for jury trial, see 1-038 NMRA. Will contest generally. — One is entitled to demand a jury trial as of right when contesting a will. In re Will of Ferrill, 1981-NMCA-074, 97 N.M. 383, 640 P.2d 489. Jury trial demand subsequent to start of informal proceedings. — Before the informal testacy proceeding could continue with administration, the validity of decedent's will had to be determined, which required a hearing before a trier of the fact, and the party who petitioned for formal probate of the will was entitled to the jury trial he demanded. In re Estate of Ruther, 1981-NMCA-078, 96 N.M. 462, 631 P.2d 1330. Ambiguity in will. — Since there was no ambiguity in joint will executed by decedent and his wife, contestants were not entitled to a jury trial. Naranjo v. Armijo, 2001-NMSC-027, 130 N.M. 714, 31 P.3d 372. Timeliness of jury demand. — In a probate proceeding, the jury demand may be filed not later than ten days after service of the objections; provided that such date is a reasonable amount of time prior to the date set for hearing and the district court does not find that the jury demand was filed solely for purposes of delay or other improper purpose. Morlock v. Lozoya, 2001-NMCA-030, 130 N.M. 258, 23 P.3d 933. Untimely jury demand. — A party in a formal testacy proceeding has a right to a jury trial and the court has the discretion to allow a jury trial if the jury demand is not timely. In re Will of Ferrill, 1981-NMCA-074, 97 N.M. 383, 640 P.2d 489, cert. quashed, 89 N.M. 51, 644 P.2d 1040 (1982). Waiver of twelve member jury. — The right to a jury of twelve members is waived if a jury demand is not timely filed. In re Will of Ferrill, 1981-NMCA-074, 97 N.M. 383, 640 P.2d 489, cert. quashed, 89 N.M. 51, 644 P.2d 1040 (1982). Law reviews. — For annual survey of New Mexico law relating to estates and trusts, see 13 N.M.L. Rev. 395 (1983). For note, "Undue Influence in Wills - Evidence - Testators' Position Changes After In re Will of Ferrill," see 13 N.M.L. Rev. 753 (1983). Am. Jur. 2d, A.L.R. and C.J.S. references. — 80 Am. Jur. 2d Wills § 1026. 50 C.J.S. Juries §§ 13, 56.
NM Stat § 45-1-307 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 1 - Uniform Probate Code|Part 3 - SCOPE, JURISDICTION AND COURTS|Section 45-1-307 - Probate court; powers.

If for any reason the probate judge is unable to act, the acts and orders which the [Uniform] Probate Code specifies as performable by the probate court may be performed either by a judge of the district court or by a person designated by the district court by a written order filed and recorded in the office of the clerk of the district court. History: 1953 Comp., § 32A-1-307, enacted by Laws 1975, ch. 257, § 1-307. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For probate courts, see 34-7-1 NMSA 1978. For probate court forms, see 4B-001 NMRA et seq. Am. Jur. 2d, A.L.R. and C.J.S. references. — 20 Am. Jur. 2d Courts § 14; 79 Am. Jur. 2d Wills §§ 850 to 859. 16 C.J.S. Constitutional Law § 132.
NM Stat § 45-1-308 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 1 - Uniform Probate Code|Part 3 - SCOPE, JURISDICTION AND COURTS|Section 45-1-308 - Appeals from district court.

Appellate review, including the right to appellate review, interlocutory appeal, provisions as to time, manner, notice, appeal bond, stays, scope of review, record on appeal, briefs, arguments and power of the appellate court, is governed by the rules applicable to civil appeals to the court of appeals from the district court. History: 1953 Comp., § 32A-1-308, enacted by Laws 1975, ch. 257, § 1-308. ANNOTATIONSCross references. — For the Rules of Appellate Procedure, see 12-101 NMRA. Nonparty attorney's standing to appeal a district court's order striking the attorney's entry of appearance. — Where a court-appointed guardian for an incapacitated person, without the permission of the district court or approval of the conservator for the incapacitated person, hired an attorney to represent the incapacitated person, and where the district court struck the attorney's entry of appearance, holding that the guardian did not have the authority to hire an attorney for the incapacitated person, the nonparty attorney had the right to appeal on his own behalf because he participated in certain court proceedings as an attorney hired to represent the incapacitated person initiated by the court-appointed guardian's request that the district court determine whether the guardianship continued to be necessary, and the district court's order striking the attorney's entry of appearance and barring him from further contact with the incapacitated person directly and sufficiently aggrieved the attorney such that this section affords him the right to appeal that order, even though he did not participate as a party below. Richards v. McEachern, 2020-NMCA-023.Law reviews. — For survey, "Article VII of the New Probate Code: In Pursuit of Uniform Trust Administration," see 6 N.M.L. Rev. 213 (1976). Am. Jur. 2d, A.L.R. and C.J.S. references. — 80 Am. Jur. 2d Wills § 1063. Appealability of probate orders allowing or disallowing claims against estate, 84 A.L.R.4th 269. 5 C.J.S. Appeal and Error § 707 et seq.