reglab/housing_qa huggingface dataset:
NM Stat § 45-3-605 (2021)
2021 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 45-3-605 - Demand for bond by interested person.

Any person apparently having an interest in the estate worth in excess of seven thousand five hundred dollars ($7,500), or any creditor having a claim in excess of seven thousand five hundred [dollars] ($7,500), may make a written demand that a personal representative give bond. The demand must be filed with the court and a copy mailed to the personal representative, if appointment and qualification have occurred. Thereafter, the personal representative shall post bond or petition the district court to determine the bond requirement. If bond is required, the requirement ceases if the person demanding bond ceases to be interested in the estate, or if bond is excused as provided in Sections 3-603 [45-3-603 NMSA 1978] or 3-604 [45-3-604 NMSA 1978]. After he has received notice and until the filing of the bond or cessation of the requirement of bond, the personal representative shall refrain from exercising any powers of his office except as necessary to preserve the estate. Failure of the personal representative to meet a bond requirement within thirty days is cause for his removal. History: 1953 Comp., § 32A-3-605, enacted by Laws 1975, ch. 257, § 3-605. ANNOTATIONSOfficial comments. — See Commissioners on Uniform State Law official comment to 3-605 UPC. Bracketed material. — The bracketed was inserted by the compiler and is not part of the law. Am. Jur. 2d, A.L.R. and C.J.S. references. — Leave of court as prerequisite to action on bond, 2 A.L.R. 563. When statute of limitations begins to run against action on bond of personal representative, 44 A.L.R.2d 807. 33 C.J.S. Executors and Administrators § 67.
NM Stat § 45-3-606 (2021)
2021 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 45-3-606 - Terms and conditions of bonds.

A. The following requirements and provisions apply to any bond required by Sections 3-601 through 3-618 [45-3-601 to 45-3-618 NMSA 1978]: (1) bonds shall name New Mexico as obligee for the benefit of the interested persons in the estate and shall be conditioned upon the faithful discharge by the personal representative of all duties according to law; (2) unless otherwise provided by the terms of the approved bond, sureties are jointly and severally liable with the personal representative and with each other. The address of sureties shall be stated in the bond; (3) by executing an approved bond of a personal representative, the surety consents to the jurisdiction of the probate court or district court which issued letters to the primary obligor in any proceedings pertaining to the fiduciary duties of the personal representative and naming the surety as a party. Notice of any proceeding shall be delivered to the surety or mailed to him by registered or certified mail at his address as listed with the court where the bond is filed; (4) on petition of a successor personal representative, any other personal representative of the same decedent or any interested person, a proceeding in the district court may be initiated against a surety for breach of the obligation of the bond of the personal representative; and (5) the bond of the personal representative is not void after the first recovery but may be proceeded against from time to time until the whole penalty is exhausted. B. No action or proceeding may be commenced against the surety on any matter as to which an action or proceeding against the primary obligor is barred by adjudication or limitation. History: 1953 Comp., § 32A-3-606, enacted by Laws 1975, ch. 257, § 3-606. ANNOTATIONSOfficial comments. — See Commissioners on Uniform State Law official comment to 3-606 UPC. Am. Jur. 2d, A.L.R. and C.J.S. references. — Right of surety on bond of trustee, executor, administrator or guardian to terminate liability as regards future defaults of principal, 118 A.L.R. 1261, 150 A.L.R. 485. Court's power, in absence of statute, to require corporate surety on fiduciary bond in probate proceeding, 82 A.L.R.2d 926. 33 C.J.S. Executors and Administrators § 67.
NM Stat § 45-3-607 (2021)
2021 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 45-3-607 - Order restraining personal representative.

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. ANNOTATIONSOfficial 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.
NM Stat § 45-3-608 (2021)
2021 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 45-3-608 - Termination of appointment; general.

A. Termination of appointment of a personal representative occurs as indicated in Sections 3-609 through 3-612 [45-3-609 to 45-3-612 NMSA 1978]. Termination ends the right and power pertaining to the office of personal representative as conferred by the [Uniform] Probate Code or any will, except that a personal representative, at any time prior to distribution or until restrained or enjoined by district court order, may perform acts necessary to protect the estate and may deliver the assets to a successor representative. B. Termination does not discharge a personal representative from liability for transactions or omissions occurring before termination, or relieve him of the duty to preserve assets subject to his control, to account therefor and to deliver the assets. Termination does not affect the jurisdiction of the court over the personal representative, but terminates his authority to represent the estate in any pending or future proceeding. History: 1953 Comp., § 32A-3-608, enacted by Laws 1975, ch. 257, § 3-608. ANNOTATIONSOfficial comments. — See Commissioners on Uniform State Law official comment to 3-608 UPC. Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Continuing fiduciary duty until appointment terminated. — The personal representative of an estate has a continuing fiduciary duty to protect the assets of the estate and to properly account therefor until his appointment is terminated by court order or his death. Bowman v. Butler, 1982-NMCA-108, 98 N.M. 357, 648 P.2d 815. Am. Jur. 2d, A.L.R. and C.J.S. references. — 33 C.J.S. Executors and Administrators § 78; 34 C.J.S. Executors and Administrators § 1039.
NM Stat § 45-3-609 (2021)
2021 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 45-3-609 - Termination of appointment; death or disability.

A. The death of a personal representative, or the appointment of a conservator for the estate of a personal representative, terminates his appointment. B. Termination by death or appointment of a conservator imposes upon the personal representative of the deceased personal representative, or the conservator appointed for a living personal representative, the duty to protect the estate which has been possessed or is being administered by the personal representative at the time of his termination, and confers the power to perform acts necessary to protect the estate and account for, and deliver the assets to, a successor personal representative or special administrator upon his appointment and qualification. History: 1953 Comp., § 32A-3-609, enacted by Laws 1975, ch. 257, § 3-609. ANNOTATIONSOfficial comments. — See Commissioners on Uniform State Law official comment to 3-609 UPC. Duties of successor personal representative. — Following the death of a personal representative, his personal representative succeeds to the same fiduciary responsibility that the deceased had, as well as to the duty to render to the successor personal representative of the first estate any property, funds or assets contained in the first representative's estate which belong to the estate being administered by the personal representative at the time of his death. Bowman v. Butler, 1982-NMCA-108, 98 N.M. 357, 648 P.2d 815. Am. Jur. 2d, A.L.R. and C.J.S. references. — 33 C.J.S. Executors and Administrators §§ 78, 81; 34 C.J.S. Executors and Administrators §§ 1039, 1048.
NM Stat § 45-3-610 (2021)
2021 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 45-3-610 - Termination of appointment; voluntary.

A. An appointment of a personal representative terminates as provided in Section 3-1003 [45-3-1003 NMSA 1978], one year after the filing of a closing statement. B. An order closing an estate as provided in Sections 3-1001 [45-3-1001 NMSA 1978] or 3-1002 [45-3-1002 NMSA 1978] terminates an appointment of a personal representative. C. A personal representative may resign his position by filing a written statement of resignation with the court after he has given at least fifteen days written notice to the known interested persons. If the person resigning is a sole representative and if no one applies or petitions for appointment of a successor representative within the time indicated in the notice, the filed statement of resignation is ineffective as a termination of appointment and in any event is effective only upon the appointment and qualification of a successor representative and delivery of the assets to him. If the person resigning is a co-representative, such resignation is effective only upon delivery of the assets in his possession to any remaining co-representatives. History: 1953 Comp., § 32A-3-610, enacted by Laws 1975, ch. 257, § 3-610. ANNOTATIONSOfficial comments. — See Commissioners on Uniform State Law official comment to 3-610 UPC. Compiler's notes. — This section includes within its scope some of the functions of 31-1-29, 1953 Comp. Collateral attack on termination of appointment. — The probate court's order discharging the appellant as executor without allowing or rejecting his claim was not open to collateral attack, since the fraud which appellant alleged was not pleaded, nor presented in the trial of this cause. Cravens v. Coldren, 1929-NMSC-056, 34 N.M. 209, 279 P. 944. Am. Jur. 2d, A.L.R. and C.J.S. references. — Right of executor or administrator to resign, 91 A.L.R. 712. 33 C.J.S. Executors and Administrators § 78.
NM Stat § 45-3-612 (2021)
2021 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 45-3-612 - Termination of appointment; change of testacy status.

Except as otherwise ordered in formal proceedings, if a personal representative is appointed and then, at a later time, the will under which he is acting is invalidated or if a will is later proved, changing an assumption of intestacy under which the personal representative is acting, his office is not automatically terminated although his powers may be reduced as provided in Section 3-401 [45-3-401 NMSA 1978]. The personal representative's office terminates only on appointment of a new personal representative. If no new personal representative is sought, the existing personal representative can continue to act under the new testacy status. History: 1953 Comp., § 32A-3-612, enacted by Laws 1975, ch. 257, § 3-612. ANNOTATIONSOfficial comments. — See Commissioners on Uniform State Law official comment to 3-612 UPC. Compiler's notes. — This section is similar to former 31-1-25, 1953 Comp. Invalidity of will not basis for removal. — The court erred in removing the personal representative of the estate without conducting an evidentiary hearing and without expressly specifying the basis for his removal. The fact that portions of the decedent's will were determined to be invalid did not constitute a valid basis for removal of the personal representative. 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. — Probate of will subsequently discovered or annulment of will as affecting removal of administrator, 8 A.L.R. 177. Revocation of grant of administration, on ground that administration is not necessary, 70 A.L.R. 386. Statute dealing with existing intestate administration, upon discovery of will, 65 A.L.R.2d 1202. 33 C.J.S. Executors and Administrators § 78; 34 C.J.S. Executors and Administrators § 1039.
NM Stat § 45-3-613 (2021)
2021 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 45-3-613 - Successor personal representative.

A. Sections 3-301 through 3-311 [45-3-301 to 45-3-311 NMSA 1978] and 3-401 through 3-414 [45-3-401 to 45-3-414 NMSA 1978] govern proceedings for appointment of a personal representative to succeed one whose appointment has been terminated. B. After appointment and qualification, a successor personal representative shall be substituted in all actions and proceedings to which the former personal representative was a party, and no notice, process or claim which was given or served upon the former personal representative need be given or served upon the successor in order to preserve any position or right the person giving the notice or filing the claim may thereby have obtained or preserved with reference to the former personal representative. C. Except as otherwise ordered by the district court, the successor personal representative has the powers and duties in respect to the continued administration which the former personal representative would have had if his appointment had not been terminated. History: 1953 Comp., § 32A-3-613, enacted by Laws 1975, ch. 257, § 3-613. ANNOTATIONSOfficial comments. — See Commissioners on Uniform State Law official comment to 3-613 UPC. Attorney's fees. — Where special administrator and no personal representative had been appointed and special administrator had a duty to probate the decedent's will, although the will was found to be invalid, the special administrator was entitled to recover attorney's fees and costs. In re Will of Ferrill, 1983-NMSC-030, 99 N.M. 503, 660 P.2d 593. Am. Jur. 2d, A.L.R. and C.J.S. references. — Effect of proceeding to supplant administrator or executor, or of appeal from order appointing or removing him, upon rights of persons who dealt with him pending such proceedings or appeal, 99 A.L.R. 862. 33 C.J.S. Executors and Administrators §§ 48, 88.
NM Stat § 45-3-614 (2021)
2021 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 45-3-614 - Special administrator; appointment.

A special administrator may be appointed: A. informally by the probate court on the application of any interested person when necessary to protect the estate of a decedent prior to the appointment of a general personal representative or if a prior appointment has been terminated by death or disability as provided in Section 3-609 [45-3-609 NMSA 1978]; or B. in a formal proceeding by order of the district court on the petition of any interested person and finding, after notice and hearing, that appointment is necessary to preserve the estate or to secure its proper administration including its administration in circumstances where a general personal representative cannot or should not act. If it appears to the district court that an emergency exists, appointment may be ordered without notice. History: 1953 Comp., § 32A-3-614, enacted by Laws 1975, ch. 257, § 3-614. ANNOTATIONSOfficial comments. — See Commissioners on Uniform State Law official comment to 3-614 UPC. Compiler's notes. — This section is similar to former 31-1-13, 1953 Comp. Am. Jur. 2d, A.L.R. and C.J.S. references. — Authority of special or temporary administrator, or administrator pendente lite, to dispose of, distribute, lease or encumber property of estate, 148 A.L.R. 275. 34 C.J.S. Executors and Administrators §§ 1035, 1036.
NM Stat § 45-3-615 (2021)
2021 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 45-3-615 - Special administrator; who may be appointed.

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. ANNOTATIONSOfficial 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.
NM Stat § 45-3-616 (2021)
2021 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 45-3-616 - Special administrator; appointed informally; powers and duties.

A special administrator appointed by the probate court in informal proceedings pursuant to Subsection A of Section 3-614 [45-3-614 NMSA 1978] has the duty to collect and manage the assets of the estate, to preserve them, to account for and to deliver such assets to the general personal representative upon his qualification. The special administrator appointed in informal proceedings has the power of a personal representative under the [Uniform] Probate Code necessary to perform his duties. History: 1953 Comp., § 32A-3-616, enacted by Laws 1975, ch. 257, § 3-616. 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. — 34 C.J.S. Executors and Administrators §§ 1035, 1036.
NM Stat § 45-3-617 (2021)
2021 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 45-3-617 - Special administrator; formal proceedings; powers and duties.

A special administrator appointed by order of the district court in any formal proceeding has the power of a general personal representative except as limited in the appointment and duties as prescribed in the order. The appointment may be for a specified time, or to perform particular acts or on other terms as the district court may direct. History: 1953 Comp., § 32A-3-617, enacted by Laws 1975, ch. 257, § 3-617. ANNOTATIONSCross references. — For general duties and liability of personal representative, see 45-3-703 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. — 34 C.J.S. Executors and Administrators §§ 1035, 1036.
NM Stat § 45-3-618 (2021)
2021 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 45-3-618 - Termination of appointment; special administrator.

The appointment of a special administrator pursuant to Section 3-614 [45-3-614 NMSA 1978] terminates in accordance with the provisions of the order of appointment or on the appointment of a general personal representative. In other cases, the appointment of a special administrator is subject to termination by resignation, or upon removal for cause, as provided in Sections 3-608 through 3-611 [45-3-608 to 45-3-611 NMSA 1978]. History: 1953 Comp., § 32A-3-618, enacted by Laws 1975, ch. 257, § 3-618. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 34 C.J.S. Executors and Administrators §§ 1035, 1036.
NM Stat § 45-3-701 (2021)
2021 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.

A. The duties and powers of a personal representative commence upon his appointment. The powers of a personal representative relate back in time to give acts by the person appointed which are beneficial to the estate occurring prior to appointment the same effect as those occurring thereafter. B. Prior to appointment, a person named personal representative in a will may carry out written instructions of the decedent relating to his body, funeral and burial arrangements. C. A personal representative may ratify and accept acts on behalf of the estate done by others prior to the appointment of the personal representative where the acts would have been proper for a personal representative. History: 1953 Comp., § 32A-3-701, enacted by Laws 1975, ch. 257, § 3-701. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 31 Am. Jur. 2d Executors and Administrators §§ 367 to 437, 522 to 531, 922 to 959. Amount of funeral expenses allowable against decedent's estate, 4 A.L.R.2d 995. Relation back of letters testamentary or of administration as validating prior sales of decedent's property, 2 A.L.R.3d 1105. Running of statute of limitations as affected by doctrine of relation back of appointment of administrator, 3 A.L.R.3d 1234. 25A C.J.S. Dead Bodies § 2; 33 C.J.S. Executors and Administrators §§ 72, 142.
NM Stat § 45-3-702 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 3 - Probate of Wills and Administration|Part 7 - DUTIES AND POWERS OF PERSONAL REPRESENTATIVES|Section 45-3-702 - Priority among different letters.

A person to whom general letters are rightly issued first has exclusive authority under the letters until his appointment is terminated or modified. If, through error, general letters are issued to another, the first rightly appointed representative may recover any property of the estate in the hands of the representative subsequently appointed, but the acts of the erroneously-appointed personal representative done in good faith before notice of the first letters are not void for want of validity of appointment. History: 1953 Comp., § 32A-3-702, enacted by Laws 1975, ch. 257, § 3-702. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 33 C.J.S. Executors and Administrators §§ 48, 88.