reglab/housing_qa huggingface dataset:
NM Stat § 45-1-310 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 1 - Uniform Probate Code|Part 3 - SCOPE, JURISDICTION AND COURTS|Section 45-1-310 - Oath or affirmation on filed documents.

Except as otherwise specifically provided in the [Uniform] Probate Code or by rule, every document filed with the court under the code, including applications, petitions and demands for notice, shall be deemed to include an oath, affirmation or statement to the effect that its representations are true as far as the person executing or filing it knows or is informed, and penalties for perjury may follow deliberate falsification therein. History: 1953 Comp., § 32A-1-310, enacted by Laws 1975, ch. 257, § 1-310. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. 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. — 61A Am. Jur. 2d Pleading §§ 2, 26. 2A C.J.S. Affidavits § 20.
NM Stat § 45-1-402 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 1 - Uniform Probate Code|Part 4 - NOTICE, PARTIES AND REPRESENTATION IN ESTATE LITIGATION AND OTHER MATTERS|Section 45-1-402 - Notice; waiver.

A person, including a guardian ad litem, conservator or other fiduciary, may waive notice either by a writing signed by the person and filed in the proceeding or by appearance in the proceeding. A person for whom a guardianship or other protective order is sought or a protected person may not waive notice. History: 1953 Comp., § 32A-1-402, enacted by Laws 1975, ch. 257, § 1-402; 1995, ch. 210, § 3; 2009, ch. 159, § 23. ANNOTATIONSOfficial comments. — See Commissioners on Uniform State Laws official comment to 1-402 UPC. The 2009 amendment, effective June 19, 2009, after "protective order is sought", deleted "a ward". The 1995 amendment, effective July 1, 1995, added the second sentence. Am. Jur. 2d, A.L.R. and C.J.S. references. — 61A Am. Jur. 2d Pleading § 396. 71 C.J.S. Pleading §§ 507, 564.
NM Stat § 45-1-403 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 1 - Uniform Probate Code|Part 4 - NOTICE, PARTIES AND REPRESENTATION IN ESTATE LITIGATION AND OTHER MATTERS|Section 45-1-403 - Pleadings.

In formal proceedings involving trusts, or estates of decedents, minors, protected persons or incapacitated persons, and in judicially supervised settlements, interests to be affected shall be described in pleadings that give reasonable information to owners by name or class, by reference to the instrument creating the interests or in another appropriate manner. History: 1953 Comp., § 32A-1-403, enacted by Laws 1975, ch. 257, § 1-403; 2009, ch. 159, § 24; 2011, ch. 124, § 9; 2016, ch. 69, § 703. ANNOTATIONSThe 2016 amendment, effective July 1, 2016, removed provisions regarding when certain parties are bound by orders that bind others, and removed certain appointment and notice provisions regarding representation of certain persons when the district court determines that representation of certain interests is inadequate; in the catchline, after "pleadings", deleted "when parties bound by others; notice", in the introductory sentence, after "settlements", deleted "the following rules apply", deleted the subsection designation "A", and deleted Subsections B, C, D and E, which related to the scope of certain orders, the representation of minor children in formal proceedings or judicially supervised settlements, the notice of formal proceedings or judicially supervised settlements, and the appointment of guardians ad litem. The 2011 amendment, effective January 1, 2012, provided that an order binding the sole holders of a general testamentary power of appointment binds other persons to the extent their interest is subject to the testamentary power and that a minor or an incapacitated person is bound by an order to the extent their interests are represented by another party having the same interest in the proceeding and permits a parent to represent a minor child if no conservator or guardian has been appointed. The 2009 amendment, effective June 19, 2009, in Subparagraph (b) of Paragraph (2) of Subsection B, after "guardian bind the", deleted "ward" and added "protected person". Subsection B of 45-1-403 NMSA 1978 is not exclusive and does not prevent others from being bound. In re Protective Proceeding for Strozzi, 1991-NMCA-057, 112 N.M. 270, 814 P.2d 138. Am. Jur. 2d, A.L.R. and C.J.S. references. — 31 Am. Jur. 2d Executors and Administrators §§ 158 to 178; 61A Am. Jur. 2d Pleading §§ 84, 96; 80 Am. Jur. 2d Wills §§ 1035 to 1062. Administration on estate of one as absentee as affecting one not notified whose relationship to absentee had its inception after his disappearance, 26 A.L.R. 965. Right of agent or personal representative to make election for legatee or devisee to take under or against will, 83 A.L.R.2d 1077. Duty and liability of executor with respect to locating and noticing legatees, devisees or heirs, 10 A.L.R.3d 547. 71 C.J.S. Pleading §§ 288, 290; 96 C.J.S. Wills §§ 1062, 1070.
NM Stat § 45-1-403.1 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 1 - Uniform Probate Code|Part 4 - NOTICE, PARTIES AND REPRESENTATION IN ESTATE LITIGATION AND OTHER MATTERS|Section 45-1-403.1 - Representation; basic effect.

A. Notice to a person who may represent and bind another person pursuant to the provisions of Chapter 45 NMSA 1978 has the same effect as if notice were given directly to the other person. B. The consent of a person who may represent and bind another person pursuant to the provisions of Chapter 45 NMSA 1978 is binding on the person represented unless the person represented objects to the representation before the consent would otherwise have become effective. C. Except as otherwise provided in Sections 46A-4-411 and 46A-6-602 NMSA 1978, a person who, pursuant to the provisions of Chapter 45 NMSA 1978, may represent a settlor who lacks capacity, may receive notice and give a binding consent on the settlor's behalf. D. A settlor shall not represent or bind a beneficiary pursuant to the provisions of Chapter 45 NMSA 1978 with respect to the termination or modification of a trust under Subsection A of Section 46A-4-411 NMSA 1978. History: 1978 Comp., § 45-1-403.1, enacted by Laws 2016, ch. 69, § 704. ANNOTATIONSEffective dates. — Laws 2016, ch. 69, § 727A made Laws 2016, ch. 69, §§ 701 through 723 effective July 1, 2016.
NM Stat § 45-1-403.2 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 1 - Uniform Probate Code|Part 4 - NOTICE, PARTIES AND REPRESENTATION IN ESTATE LITIGATION AND OTHER MATTERS|Section 45-1-403.2 - Representation by holder of general testamentary power of appointment.

To the extent there is no conflict of interest between the holder of a general testamentary power of appointment and the persons represented with respect to the particular question or dispute, the holder may represent and bind persons whose interests, as permissible appointees, takers in default or otherwise, are subject to the power. History: 1978 Comp., § 45-1-403.2, enacted by Laws 2016, ch. 69, § 705. ANNOTATIONSEffective dates. — Laws 2016, ch. 69, § 727A made Laws 2016, ch. 69, §§ 701 through 723 effective July 1, 2016.
NM Stat § 45-1-403.3 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 1 - Uniform Probate Code|Part 4 - NOTICE, PARTIES AND REPRESENTATION IN ESTATE LITIGATION AND OTHER MATTERS|Section 45-1-403.3 - Representation by fiduciaries and parents.

To the extent there is no conflict of interest between the representative and the person represented or among those being represented with respect to a particular question or dispute: A. a conservator may represent and bind the estate that the conservator controls; B. a guardian may represent and bind the protected person if a conservator of the protected person's estate has not been appointed; C. an agent having authority to act with respect to the particular question or dispute may represent and bind the principal; D. a trustee may represent and bind the beneficiaries of the trust; E. a personal representative of a decedent's estate may represent and bind persons interested in the estate; and F. a parent may represent and bind the parent's minor or unborn child if a conservator or guardian for the child has not been appointed. History: 1978 Comp., § 45-1-403.3, enacted by Laws 2016, ch. 69, § 706. ANNOTATIONSEffective dates. — Laws 2016, ch. 69, § 727A made Laws 2016, ch. 69, §§ 701 through 723 effective July 1, 2016.
NM Stat § 45-1-403.4 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 1 - Uniform Probate Code|Part 4 - NOTICE, PARTIES AND REPRESENTATION IN ESTATE LITIGATION AND OTHER MATTERS|Section 45-1-403.4 - Representation by person having substantially identical interest.

Unless otherwise represented, a minor, incapacitated or unborn person, or a person whose identity or location is unknown and not reasonably ascertainable, may be represented by and bound by another having a substantially identical interest with respect to the particular question or dispute, but only to the extent that there is no conflict of interest between the representative and the person represented. History: 1978 Comp., § 45-1-403.4, enacted by Laws 2016, ch. 69, § 707. ANNOTATIONSEffective dates. — Laws 2016, ch. 69, § 727A made Laws 2016, ch. 69, §§ 701 through 723 effective July 1, 2016.
NM Stat § 45-1-403.5 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 1 - Uniform Probate Code|Part 4 - NOTICE, PARTIES AND REPRESENTATION IN ESTATE LITIGATION AND OTHER MATTERS|Section 45-1-403.5 - Appointment of representative.

A. If the court determines that an interest is not represented under Chapter 45 NMSA 1978, or that the otherwise available representation might be inadequate, the court may appoint a representative to receive notice, give consent and otherwise represent, bind and act on behalf of a minor, incapacitated or unborn person, or a person whose identity or location is unknown. A representative may be appointed to represent several persons or interests. B. A representative may act on behalf of the person represented with respect to any matter arising under the Uniform Probate Code, whether or not a judicial proceeding concerning the estate is pending. C. In making decisions, a representative may consider the general benefit accruing to the living members of the person's family. History: 1978 Comp., § 45-1-403.5, enacted by Laws 2016, ch. 69, § 708. ANNOTATIONSEffective dates. — Laws 2016, ch. 69, § 727A made Laws 2016, ch. 69, §§ 701 through 723 effective July 1, 2016.
NM Stat § 45-1-404 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 1 - Uniform Probate Code|Part 4 - NOTICE, PARTIES AND REPRESENTATION IN ESTATE LITIGATION AND OTHER MATTERS|Section 45-1-404 - Real property outside county of administration; notice required; contents; effect.

A. If real property is included in an estate and is situate in a county other than the county wherein the estate is being administered, the personal representative shall, or any other interested person may, record with the county clerk of the other county a notice of administration setting forth: (1) the name of the decedent; (2) the title and docket number of the administration proceedings; (3) a description of the type of administration; (4) the court wherein instituted; (5) the name, address and title of the personal representative; and (6) a complete description of the real property situate in such county. B. The recorded notice shall constitute full and complete notice of all proceedings had, and to be had, in the administration proceedings, and it shall not be necessary to file or record in the county where the real property is located any other instruments or records relating to the administration of the estate. History: 1953 Comp., § 32A-1-404, enacted by Laws 1975, ch. 257, § 1-404. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 58 Am. Jur. 2d Notice § 24; 61A Am. Jur. 2d Pleading §§ 20, 21, 68. Duty and liability of executor with respect to locating and noticing legatees, devisees or heirs, 10 A.L.R.3d 547. 71 C.J.S. Pleading § 32; 95 C.J.S. Wills §§ 370, 464.
NM Stat § 45-2-401 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 2 - Intestate Succession and Wills|Part 4 - EXEMPT PROPERTY AND ALLOWANCES|Section 45-2-401 - Applicable law.

Chapter 45, Article 2, Part 4 NMSA 1978 applies to the estate of a decedent who dies domiciled in this state. Rights to family allowance and personal property allowance for a decedent who dies not domiciled in this state are governed by the laws of the decedent's domicile at death. History: 1953 Comp., § 32A-2-401, enacted by Laws 1975, ch. 257, § 2-401; repealed and reenacted by Laws 1993, ch. 174, § 19. ANNOTATIONSOfficial comments. — See Commissioners on Uniform State Laws official comment to 2-401 UPC. Repeals and reenactments. — Laws 1993, ch. 174, § 19 repealed former 45-2-401 NMSA 1978, as enacted by Laws 1975, ch. 257, § 2-401, relating to family allowances and enacted a new section, effective July 1, 1993.
NM Stat § 45-2-405 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 2 - Intestate Succession and Wills|Part 4 - EXEMPT PROPERTY AND ALLOWANCES|Section 45-2-405 - Source, determination and documentation.

If the estate is otherwise sufficient, property specifically devised may not be used to satisfy rights to family allowance or personal property allowance. Subject to this restriction, the surviving spouse, guardians of minor children or children who are adults may select property of the estate as family allowance and personal property allowance. The personal representative may make those selections if the surviving spouse, the children or the guardians of the minor children are unable or fail to do so within a reasonable time or there is no guardian of a minor child. The personal representative may execute an instrument or deed of distribution to establish the ownership of property taken as family allowance or personal property allowance. The personal representative or an interested person aggrieved by any selection, determination, payment, proposed payment or failure to act under this section may petition the court for appropriate relief, which may include a family allowance or personal property allowance other than that which the personal representative determined or could have determined. History: 1953 Comp., § 32A-2-405, enacted by Laws 1975, ch. 257, § 2-405; repealed and reenacted by Laws 1993, ch. 174, § 23. ANNOTATIONSRepeals and reenactments. — Laws 1993, ch. 174, § 23 repealed former 45-2-405 NMSA 1978, as enacted by Laws 1975, ch. 257, § 2-405, relating to the modification of exemptions, and enacted a new section, effective July 1, 1993.
NM Stat § 45-2-406 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 2 - Intestate Succession and Wills|Part 4 - EXEMPT PROPERTY AND ALLOWANCES|Section 45-2-406 - Modification of exemptions.

With respect to the estate of a decedent, the allowances granted pursuant to Sections 45-2-402 and 45-2-403 NMSA 1978 are in lieu of the exemptions provided in Sections 42-10-1, 42-10-2, 42-10-9 and 42-10-10 NMSA 1978. History: 1978 Comp., § 45-2-406, enacted by Laws 1993, ch. 174, § 24; 1995, ch. 210, § 9. ANNOTATIONSThe 1995 amendment, effective July 1, 1995, substituted "Sections 42-10-1, 42-10-2, 42-10-9 and 42-10-10 NMSA 1978" for "Sections 42-10-1 through 42-10-12 NMSA 1978". Am. Jur. 2d, A.L.R. and C.J.S. references. — 96 C.J.S. Wills § 760; 97 C.J.S. Wills § 1262.
NM Stat § 45-2-407 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 2 - Intestate Succession and Wills|Part 4 - EXEMPT PROPERTY AND ALLOWANCES|Section 45-2-407 - Waiver of rights.

A. The rights of the surviving spouse to family allowance and personal property allowance, or either of them, may be waived, wholly or partially, before or after marriage, by a written contract, agreement or waiver signed by the surviving spouse. B. A surviving spouse's waiver is not enforceable if the surviving spouse proves that: (1) the surviving spouse did not execute the waiver voluntarily; or (2) the waiver was unconscionable when it was executed and, before execution of the waiver, the surviving spouse: (a) was not provided a fair and reasonable disclosure of the property or financial obligations of the decedent; (b) did not voluntarily and expressly waive, in writing, any right to disclosure of the property or financial obligations of the decedent beyond the disclosure provided; and (c) did not have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the decedent. C. An issue of unconscionability or voluntariness of a waiver is for decision by the court as a matter of law. D. Unless it provides to the contrary, a waiver of "all rights", or equivalent language, in the property or estate of a present or prospective spouse or a complete property settlement entered into after or in anticipation of separation or divorce is a waiver of all rights of family allowance and personal property allowance by each spouse in the property of the other and a renunciation by each of all benefits that would otherwise pass to each from the other by intestate succession or by virtue of any will executed before the waiver or property settlement. History: 1978 Comp., § 45-2-407, enacted by Laws 1995, ch. 210, § 10. ANNOTATIONSEffective dates. — Laws 1995, ch. 210, § 94 made the act effective July 1, 1995. Policy against waiver. — The policy behind the statutory allowances of family allowance and personal property allowance argues against finding a waiver in the absence of clear explicit language. Salopek v. Hoffman, 2005-NMCA-016, 137 N.M. 47, 107 P.3d 1, cert. denied, 2005-NMCERT-002, 137 N.M. 265, 110 P.3d 73. No retroactive application. — This section, which became effective July 1, 1995, cannot be applied retroactively to a postnuptial agreement entered into by the parties in 1980. Salopek v. Hoffman, 2005-NMCA-016, 137 N.M. 47, 107 P.3d 1, cert. denied, 2005-NMCERT-002, 137 N.M. 265, 110 P.3d 73. Where terms of postnuptial agreement are too general and too ambiguous, the agreement will not support a finding of waiver of the family and personal property allowances. Salopek v. Hoffman, 2005-NMCA-016, 137 N.M. 47, 107 P.3d 1, cert. denied, 2005-NMCERT-002, 137 N.M. 265, 110 P.3d 73.
NM Stat § 45-2-505 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 2 - Intestate Succession and Wills|Part 5 - WILLS|Section 45-2-505 - Who may witness.

A. An individual generally competent to be a witness may act as a witness to a will. B. The signing of a will by an interested witness does not invalidate the will or any provision of it. History: 1953 Comp., § 32A-2-505, enacted by Laws 1975, ch. 257, § 2-505; repealed and reenacted by Laws 1993, ch. 174, § 28. ANNOTATIONSOfficial comments. — See Commissioners on Uniform State Law official comment to 2-505 UPC. Repeals and reenactments. — Laws 1993, ch. 174, § 28 repealed former 45-2-505 NMSA 1978, as enacted by Laws 1975, ch. 257, § 2-505, and enacted a new section, effective July 1, 1993. Compiler's notes. — This section is different from former 30-1-5, 1953 Comp., relating to disqualifications of witnesses. Interested party as witness. — Under the Probate Code (45-2-505 NMSA 1978), a will is not invalid because it was signed by an interested witness. In re Estate of Gonzales, 1988-NMCA-098, 108 N.M. 583, 775 P.2d 1300. Notary public as witness. — Where a notary public drafted a will for a decedent, saw the decedent sign the document, signed the document in the presence of the decedent and the other witness, and identified himself in the document as a notary public, he signed the will as a witness. In re Estate of Martinez, 1983-NMCA-050, 99 N.M. 809, 664 P.2d 1007 (decided under former law). Law reviews. — For article, "Intestate Succession and Wills Law: The New Probate Code," see 6 N.M. L. Rev. 25 (1975). Am. Jur. 2d, A.L.R. and C.J.S. references. — 79 Am. Jur. 2d Wills §§ 283 to 312. Competency, as witness attesting will, of attorney named therein as executor's attorney, 30 A.L.R.3d 1361. 94 C.J.S. Wills §§ 182, 183; 95 C.J.S. Wills § 274.
NM Stat § 45-2-506 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 2 - Intestate Succession and Wills|Part 5 - WILLS|Section 45-2-506 - Choice of law as to execution.

A written will is valid if executed in compliance with Section 45-2-502 NMSA 1978 or if its execution complies with the law at the time of execution of the place where the will is executed or of the law of the place where at the time of execution or at the time of death the testator is domiciled, has a place of abode or is a national. History: 1953 Comp., § 32A-2-506, enacted by Laws 1975, ch. 257, § 2-506; repealed and reenacted by Laws 1993, ch. 174, § 29; 2016, ch. 69, § 709. ANNOTATIONSOfficial comments. — See Commissioners on Uniform State Law official comment to 2-506 UPC. Repeals and reenactments. — Laws 1993, ch. 174, § 29 repealed former 45-2-506 NMSA 1978, as enacted by Laws 1975, ch. 257, § 2-506, and enacted a new section, effective July 1, 1993. The 2016 amendment, effective July 1, 2016, after "testator is domiciled", added "has a place of abode". Law reviews. — For article, "Intestate Succession and Wills Law: The New Probate Code," see 6 N.M.L. Rev. 25 (1975). Am. Jur. 2d, A.L.R. and C.J.S. references. — 80 Am. Jur. 2d Wills § 1122. Retrospective application of statute concerning execution of wills, 111 A.L.R. 910. Construction of reference in will to statute where pertinent provisions of statute are subsequently changed by amendment or repeal, 63 A.L.R.3d 603. 94 C.J.S. Wills § 15.
NM Stat § 45-2-508 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 2 - Intestate Succession and Wills|Part 5 - WILLS|Section 45-2-508 - Revocation by change of circumstances.

Except as provided in Sections 45-2-803 and 45-2-804 NMSA 1978, a change of circumstances does not revoke a will or any part of it. History: 1953 Comp., § 32A-2-508, enacted by Laws 1975, ch. 257, § 2-508; repealed and reenacted by Laws 1993, ch. 174, § 31. ANNOTATIONSRepeals and reenactments. — Laws 1993, ch. 174, § 31 repealed former 45-2-508 NMSA 1978, as enacted by Laws 1975, ch. 257, § 2-508, and enacted a new section, effective July 1, 1993. Compiler's notes. — This section includes within its scope some of the functions of former 30-1-7.1, 1953 Comp. Law reviews. — For article, "Intestate Succession and Wills Law: The New Probate Code," see 6 N.M.L. Rev. 25 (1975). For article, "Survey of New Mexico Law, 1979-80: Estates and Trusts," see 11 N.M.L. Rev. 151 (1981). Am. Jur. 2d, A.L.R. and C.J.S. references. — 79 Am. Jur. 2d Wills §§ 586 to 588, 685, 766. Illegitimacy of child as affecting revocation of will by subsequent birth of child, 18 A.L.R. 91, 38 A.L.R. 1344. Divorce or separation as affecting person entitled to devise or bequest to "husband," "wife" or "widow," 75 A.L.R.2d 1413. Statutory revocation of will by subsequent birth or adoption of child, 97 A.L.R.2d 1044. Divorce as affecting will previously executed by husband or wife, 71 A.L.R.3d 1297. Devolution of gift over upon spouse predeceasing testator where gift to spouse fails because of divorce, 74 A.L.R.3d 1108. Validity of statutes or rule providing that marriage or remarriage of woman operates as revocation of will previously executed by her, 99 A.L.R.3d 1020. 95 C.J.S. Wills § 293.