reglab/housing_qa huggingface dataset:
NM Stat § 45-3-106 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 3 - Probate of Wills and Administration|Part 1 - GENERAL PROVISIONS|Section 45-3-106 - Proceedings before district court; service; jurisdiction over persons.

In proceedings before the district court where notice is required by the Uniform Probate Code or by rule, and in proceedings to construe probated wills or determine heirs which concern estates that have not been and cannot now be opened for administration, interested persons may be bound by the orders of the district court in respect to property in or subject to the laws of New Mexico by notice in conformity with Section 45-1-401 NMSA 1978. An order is binding as to all who are given notice of the proceeding though less than all interested persons are notified. History: 1953 Comp., § 32A-3-106, enacted by Laws 1975, ch. 257, § 3-106; 1995, ch. 210, § 32. ANNOTATIONSThe 1995 amendment, effective July 1, 1995, in the first sentence, inserted "Uniform", inserted "and in proceedings to construe probated wills or determine heirs which concern estates that have not been and cannot now be open for administration" and substituted "Section 45-1-401 NMSA 1978" for "Section 1-401". Am. Jur. 2d, A.L.R. and C.J.S. references. — Decree of court of domicile respecting validity or construction of will, or admitting it or denying its admission to probate, as conclusive as regards real estate in another state devised by will, 131 A.L.R. 1023. 21 C.J.S. Courts §§ 39 to 49.
NM Stat § 45-3-109 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 3 - Probate of Wills and Administration|Part 1 - GENERAL PROVISIONS|Section 45-3-109 - Statutes of limitation on decedent's claim for relief.

No statute of limitation running on a claim for relief belonging to a decedent which had not been barred as of the date of his death, shall apply to bar a claim for relief surviving the decedent's death sooner than four months after death. A claim for relief belonging to a decedent which, but for this section, would have been barred less than four months after death, is barred after four months unless the statute of limitation is otherwise tolled. History: 1953 Comp., § 32A-3-109, enacted by Laws 1975, ch. 257, § 3-109. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 54 C.J.S. Limitations of Actions § 118.
NM Stat § 45-3-202 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 3 - Probate of Wills and Administration|Part 2 - VENUE FOR PROBATE AND ADMINISTRATION; PRIORITY TO ADMINISTER; DEMAND FOR NOTICE|Section 45-3-202 - Appointment or testacy proceedings; conflicting claim of domicile in another state.

If conflicting claims as to the domicile of a decedent are made in a formal testacy or appointment proceeding commenced in New Mexico, and in a testacy or appointment proceeding after notice pending at the same time in another state, the district court of New Mexico must stay, dismiss or permit suitable amendment in, the proceeding here unless it is determined that the local proceeding was commenced before the proceeding elsewhere. The determination of domicile in the proceeding first commenced must be accepted as determinative in the proceeding in New Mexico. History: 1953 Comp., § 32A-3-202, enacted by Laws 1975, ch. 257, § 3-202. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 1 C.J.S. Abatement and Revival § 16; 95 C.J.S. Wills §§ 321, 332.
NM Stat § 45-3-302 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 3 - Probate of Wills and Administration|Part 3 - INFORMAL PROBATE AND APPOINTMENT PROCEEDINGS|Section 45-3-302 - Informal probate; duty of court; effect of informal probate.

Upon receipt of an application requesting informal probate of a will, the probate or the district court, upon making the findings required by Section 45-3-303 NMSA 1978, shall issue a written statement of informal probate if at least one hundred twenty hours have elapsed since the decedent's death. Informal probate is conclusive as to all persons until superseded by an order in a formal testacy proceeding. No defect in the application or procedure relating thereto which leads to informal probate of a will renders the probate void. History: 1953 Comp., § 32A-3-302, enacted by Laws 1975, ch. 257, § 3-302; 1976 (S.S.), ch. 37, § 7; 1978, ch. 159, § 5. ANNOTATIONSOfficial comments. — See Commissioners on Uniform State Law official comment to 3-302 UPC. Am. Jur. 2d, A.L.R. and C.J.S. references. — 79 Am. Jur. 2d Wills § 841. Decree of court of domicile respecting validity or construction of will, or admitting it or denying its admission to probate, as conclusive as regards real estate in another state devised by will, 131 A.L.R. 1023. 95 C.J.S. Wills §§ 422, 574, 584.
NM Stat § 45-3-305 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 3 - Probate of Wills and Administration|Part 3 - INFORMAL PROBATE AND APPOINTMENT PROCEEDINGS|Section 45-3-305 - Informal probate; court not satisfied.

The probate or the district court may decline application for informal probate of a will for any reason. A declination of informal probate is not an adjudication and does not preclude formal probate proceedings. History: 1953 Comp., § 32A-3-305, enacted by Laws 1975, ch. 257, § 3-305; 1978, ch. 159, § 7. ANNOTATIONSOfficial comments. — See Commissioners on Uniform State Law official comment to 3-305 UPC. Am. Jur. 2d, A.L.R. and C.J.S. references. — 79 Am. Jur. 2d Wills § 841. Person entitled to appeal from decree admitting will to probate or denying probate, 88 A.L.R. 1158. Power and duty of probate court to set aside decree admitting forged instrument to probate as a will, 115 A.L.R. 473. 95 C.J.S. Wills § 497.
NM Stat § 45-3-306 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 3 - Probate of Wills and Administration|Part 3 - INFORMAL PROBATE AND APPOINTMENT PROCEEDINGS|Section 45-3-306 - Informal probate; notice requirements.

A. The applicant shall give notice as described by Section 45-1-401 NMSA 1978 of his application for informal probate to any person demanding it pursuant to Section 45-3-204 NMSA 1978 and to any personal representative of the decedent whose appointment has not been terminated. No other notice of informal probate is required. B. If an informal probate is granted, within 30 days thereafter the applicant shall give written information of the probate to the heirs and devisees. The information shall include the name and address of the applicant, the name and location of the court granting the informal probate, and the date of the probate. The information shall be delivered or sent by ordinary mail to each of the heirs and devisees whose address is reasonably available to the applicant. No duty to give information is incurred under this section if a personal representative is appointed who is required to give written information pursuant to the provisions of Section 45-3-705 NMSA 1978. An applicant's failure to give information as required by this section is a breach of the applicant's duty to the heirs and devisees but does not affect the validity of the probate. History: 1953 Comp., § 32A-3-306, enacted by Laws 1975, ch. 257, § 3-306; 1995, ch. 210, § 34. ANNOTATIONSOfficial comments. — See Commissioners on Uniform State Law official comment to 3-306 UPC. The 1995 amendment, effective July 1, 1995, designated the existing provision as Subsection A; in the first sentence of Subsection A, substituted "shall" for "must", substituted "Section 45-1-401 NMSA 1978" for "Section 1-401" and "Section 45-3-204 NMSA 1978" for "Section 3-204"; and added Subsection B. Am. Jur. 2d, A.L.R. and C.J.S. references. — 80 Am. Jur. 2d Wills § 932. 95 C.J.S. Wills § 370.
NM Stat § 45-3-307 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 3 - Probate of Wills and Administration|Part 3 - INFORMAL PROBATE AND APPOINTMENT PROCEEDINGS|Section 45-3-307 - Informal appointment proceedings; delay in order; duty of court; effect of appointment.

A. Upon receipt of an application for informal appointment of a personal representative (other than a special administrator as provided in Section 45-3-614 NMSA 1978), if at least one hundred twenty hours have elapsed since the decedent's death, the probate or the district court, after making the findings required by Section 45-3-308 NMSA 1978, shall appoint the applicant subject to qualification and acceptance. However, if the decedent was a nonresident, the probate or the district court shall delay the order of appointment until thirty days have elapsed since death unless the personal representative appointed at the decedent's domicile is the applicant, or unless the decedent's will directs that his estate be subject to the laws of New Mexico. B. The status of personal representative and the powers and duties pertaining to the office are fully established by informal appointment. An appointment, and the office of personal representative created thereby, is subject to termination as provided in Sections 45-3-608 through 45-3-612 NMSA 1978, but is not subject to retroactive vacation. History: 1953 Comp., § 32A-3-307, enacted by Laws 1975, ch. 257, § 3-307; 1976 (S.S.), ch. 37, § 8; 1978, ch. 159, § 8. ANNOTATIONSOfficial comments. — See Commissioners on Uniform State Law official comment to 3-307 UPC. Jurisdictional effect of informal appointment. — The district court had jurisdiction to enter a closing order absent an order entered on a formal petition for appointment challenging the informally appointed personal representative, since the status of personal representative and the powers and duties pertaining to the appointment are fully established by informal appointment, (45-3-307 NMSA 1978), and a personal representative may petition for an order of complete settlement of an estate at any time (45-3-1001 NMSA 1978). In re Estate of Lopez, 1987-NMCA-087, 106 N.M. 157, 740 P.2d 707. Am. Jur. 2d, A.L.R. and C.J.S. references. — Adverse interest or position as disqualification for appointment of administrator, executor, or other personal representative, 11 A.L.R.4th 638. 33 C.J.S. Executors and Administrators §§ 63, 72.
NM Stat § 45-3-308 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 3 - Probate of Wills and Administration|Part 3 - INFORMAL PROBATE AND APPOINTMENT PROCEEDINGS|Section 45-3-308 - Informal appointment proceedings; proof and findings required.

A. In informal appointment proceedings, the probate or the district court must determine whether: (1) the application for informal appointment of a personal representative is complete; (2) the applicant has made oath or affirmation that the statements contained in the application are true to the best of his knowledge and belief; (3) the applicant appears from the application to be an interested person as defined in Paragraph (20) [(23)] of Subsection A of Section 45-1-201 NMSA 1978; (4) on the basis of the statements in the application, venue is proper; (5) any will to which the requested appointment relates has been formally or informally probated; but this requirement does not apply to the appointment of a special administrator; (6) any notice required by Section 45-3-204 NMSA 1978 has been given; and (7) from the statements in the application, from the contents of the probated will, if any, and from any nominations and renunciations pursuant to Section 45-3-203 NMSA 1978 that have been filed before or at the time of the application, the person whose appointment is sought has priority entitling him to the appointment. B. Unless Section 45-3-612 NMSA 1978 controls, the application must be denied if it indicates that a personal representative who has not filed a written statement of resignation as provided in Subsection C of Section 45-3-610 NMSA 1978 has been appointed in New Mexico, that (unless the applicant is the domiciliary personal representative or his nominee) the decedent was not domiciled in New Mexico and that a personal representative whose appointment has not been terminated has been appointed by a court in the state of domicile, or that other requirements of this section have not been met. C. If the applicant is the domiciliary personal representative and the decedent was not domiciled in New Mexico, informal appointment proceedings may be allowed. History: 1953 Comp., § 32A-3-308, enacted by Laws 1975, ch. 257, § 3-308; 1978, ch. 159, § 9. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. The reference in Subsection A(3) of this section seemingly should be to Paragraph (23), and not Paragraph (20), of Subsection A of 45-1-201 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. — Delegation by will of power to nominate executor, 11 A.L.R.2d 1284. Probate, in state where assets are found, of will of nonresident which has not been admitted to probate in state of domicile, 20 A.L.R.3d 1033. Eligibility of foreign corporation to appointment as executor, administrator or testamentary trustee, 26 A.L.R.3d 1019. Construction and operation of will or trust provision appointing advisors to trustee or executor, 56 A.L.R.3d 1249. 33 C.J.S. Executors and Administrators §§ 61, 62.
NM Stat § 45-3-309 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 3 - Probate of Wills and Administration|Part 3 - INFORMAL PROBATE AND APPOINTMENT PROCEEDINGS|Section 45-3-309 - Informal appointment proceedings; court not satisfied.

The probate or the district court may decline an application for informal appointment of a personal representative for any reason. A declination of informal appointment is not an adjudication and does not preclude appointment in formal proceedings. History: 1953 Comp., § 32A-3-309, enacted by Laws 1975, ch. 257, § 3-309; 1978, ch. 159, § 10; 2011, ch. 124, § 45. ANNOTATIONSOfficial comments. — See Commissioners on Uniform State Law official comment to 3-309 UPC. The 2011 amendment, effective January 1, 2012, provided that the court may deny an application for an informal appointment of a personal representative. Am. Jur. 2d, A.L.R. and C.J.S. references. — Power of court to refuse letters testamentary to one named in will as executor, absent specific statutory disqualification, 95 A.L.R. 828. Judgment or order in connection with appointment of executor or administrator as res judicata, as law of the case, or as evidence, on questions other than the validity of the appointment, 119 A.L.R. 594. 33 C.J.S. Executors and Administrators § 63.
NM Stat § 45-3-310 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 3 - Probate of Wills and Administration|Part 3 - INFORMAL PROBATE AND APPOINTMENT PROCEEDINGS|Section 45-3-310 - Informal appointment proceedings; notice requirements.

The applicant must give notice as described by Section 1-401 [45-1-401 NMSA 1978] of his intention to seek an appointment informally to any person demanding it pursuant to Section 3-204 [45-3-204 NMSA 1978]. No other notice of an informal appointment proceeding is required, except that the personal representative shall give notice pursuant to the provisions of Section 3-705 [45-3-705 NMSA 1978]. History: 1953 Comp., § 32A-3-310, enacted by Laws 1975, ch. 257, § 3-310. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — Failure of personal representative to file proof of publication of notice of appointment or notice to creditors within specified time as tolling statute of nonclaim, 42 A.L.R.2d 1218. 33 C.J.S. Executors and Administrators § 53.
NM Stat § 45-3-311 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 3 - Probate of Wills and Administration|Part 3 - INFORMAL PROBATE AND APPOINTMENT PROCEEDINGS|Section 45-3-311 - Informal appointment unavailable in certain cases.

If an application for informal appointment indicates the existence of a possible unrevoked testamentary instrument which may relate to property subject to the laws of New Mexico, and which is not filed for probate in the probate or the district court, the probate or the district court shall decline the application; however, such declination of informal probate is not an adjudication and does not preclude appointment in formal proceedings. History: 1953 Comp., § 32A-3-311, enacted by Laws 1975, ch. 257, § 3-311; 1978, ch. 159, § 11. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 33 C.J.S. Executors and Administrators § 50.
NM Stat § 45-3-402 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 3 - Probate of Wills and Administration|Part 4 - FORMAL TESTACY AND APPOINTMENT PROCEEDINGS|Section 45-3-402 - Formal testacy or appointment proceedings; petition; contents.

A. Petitions for formal probate of a will, or for adjudication of intestacy with or without request for appointment of a personal representative, must be directed to the district court, request a judicial order after notice and hearing, and contain further statements as indicated in this section. A petition for formal probate of a will: (1) contains the original will, unless excused under the provisions of Subsection B of this section; (2) requests an order as to the testacy of the decedent in relation to a particular instrument which may or may not have been informally probated and determining the heirs; and (3) contains the statements required for informal applications as stated in Subsection A of Section 3-301 [45-3-301 NMSA 1978] and the statements required by Paragraphs (1) through (3) of Subsection B of Section 3-301 [45-3-301 NMSA 1978]. B. If the original will is neither in the possession of the court nor accompanies the petition and no authenticated copy of a will probated in another jurisdiction accompanies the petition, the petition also must state the contents of the will and why it is unavailable. C. A petition for adjudication of intestacy and appointment of a personal representative must request a judicial finding and order that the decedent left no will and, determining the heirs, contain the statements required by Subsections A and D of Section 3-301 [45-3-301 NMSA 1978] and indicate whether supervised administration is sought. A petition may request an order determining intestacy and heirs without requesting the appointment of a personal representative, in which case, the statements required by Paragraph (2) of Subsection D of Section 3-301 [45-3-301 NMSA 1978] may be omitted. History: 1953 Comp., § 32A-3-402, enacted by Laws 1975, ch. 257, § 3-402. ANNOTATIONSOfficial comments. — See Commissioners on Uniform State Law official comment to 3-402 UPC. 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. — 79 Am. Jur. 2d Wills § 842. Establishment of will lost before testator's death, 34 A.L.R. 1304. Proof of contents in establishment of lost will, 126 A.L.R. 1139. Proof of nonrevocation in proceeding to establish lost will, 3 A.L.R.2d 949, 18 A.L.R.3d 606, 86 A.L.R.3d 980, 70 A.L.R.4th 323. Who is resident within meaning of statute prohibiting appointment of nonresident executor or administrator, 9 A.L.R.4th 1223. Adverse interest or position as disqualification for appointment of administrator, executor, or other personal representative, 11 A.L.R.4th 638. Liability in damages for interference with expected inheritance or gift, 22 A.L.R.4th 1229. Sufficiency of evidence of nonrevocation of lost will not shown to have been inaccessible to testator - modern cases, 70 A.L.R.4th 323. 95 C.J.S. Wills § 373.
NM Stat § 45-3-405 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 3 - Probate of Wills and Administration|Part 4 - FORMAL TESTACY AND APPOINTMENT PROCEEDINGS|Section 45-3-405 - Formal testacy proceedings; uncontested cases; hearings and proof.

A. If a petition in a formal testacy proceeding is unopposed, the district court may order probate or intestacy on the strength of the pleadings if satisfied that the conditions of Section 3-409 [45-3-409 NMSA 1978] have been met, or conduct a hearing in open court and require proof of the matters necessary to support the order requested. B. If evidence concerning execution of a will which is not self-proved is necessary in uncontested cases, the affidavit or testimony of at least one of the attesting witnesses is required if he is within New Mexico, competent and able to testify. Otherwise, due execution of a will may be proved by other evidence. C. If the will is self-proved in an uncontested case, compliance with signature requirements for execution is conclusively presumed and other requirements of execution are presumed, subject to rebuttal without the testimony of any witness, upon filing the will and the acknowledgment and affidavits annexed or attached thereto, unless there is proof of fraud or forgery affecting the acknowledgment or affidavit. History: 1953 Comp., § 32A-3-405, enacted by Laws 1975, ch. 257, § 3-405. ANNOTATIONSOfficial comments. — See Commissioners on Uniform State Law official comment to 3-405 UPC. Cross references. — For general provisions concerning fraud, see 45-1-106 NMSA 1978. Use of circumstantial evidence to show undue influence. — Where the only evidence is circumstantial, such evidence may be used to show the existence of undue influence. Galvan v. Miller, 1968-NMSC-139, 79 N.M. 540, 445 P.2d 961. Existence of undue influence determined from circumstances of case. Galvan v. Miller, 1968-NMSC-139, 79 N.M. 540, 445 P.2d 961. Am. Jur. 2d, A.L.R. and C.J.S. references. — 79 Am. Jur. 2d Wills § 842; 80 Am. Jur. 2d Wills § 1008. 95 C.J.S. Wills §§ 392, 393, 411, 422.
NM Stat § 45-3-408 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 3 - Probate of Wills and Administration|Part 4 - FORMAL TESTACY AND APPOINTMENT PROCEEDINGS|Section 45-3-408 - Formal testacy proceedings; will construction; effect of final order in another jurisdiction.

A final order of a court of another state determining testacy, the validity or construction of a will, made in a proceeding involving notice to and an opportunity for contest by all interested persons, must be accepted as determinative by the courts of New Mexico if it includes, or is based upon, a finding that the decedent was domiciled at his death in the state where the order was made. History: 1953 Comp., § 32A-3-408, enacted by Laws 1975, ch. 257, § 3-408. ANNOTATIONSOfficial comments. — See Commissioners on Uniform State Law official comment to 3-408 UPC. Am. Jur. 2d, A.L.R. and C.J.S. references. — 95 C.J.S. Wills § 577.
NM Stat § 45-3-409 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 3 - Probate of Wills and Administration|Part 4 - FORMAL TESTACY AND APPOINTMENT PROCEEDINGS|Section 45-3-409 - Formal testacy proceedings; order; foreign will.

A. After the time required for any notice has expired, upon proof of notice, and after any hearing that may be necessary, if the district court finds that the testator is dead, venue is proper and that the proceeding was commenced within the limitation prescribed by Section 3-108 [45-3-108 NMSA 1978], it shall determine the decedent's domicile at death, his heirs and his state of testacy. Any will found to be valid and unrevoked shall be formally probated. Termination of any previous informal appointment of a personal representative, which may be appropriate in view of the relief requested and findings, is governed by Section 3-612 [45-3-612 NMSA 1978]. The petition shall be dismissed or appropriate amendment allowed if the court is not satisfied that the alleged decedent is dead. B. A will from a foreign jurisdiction which does not provide for probate of a will after death, may be proved for probate in New Mexico by a duly authenticated certificate of its legal custodian that the copy introduced is a true copy and that the will has become operative under the law of the foreign jurisdiction. History: 1953 Comp., § 32A-3-409, enacted by Laws 1975, ch. 257, § 3-409. ANNOTATIONSOfficial comments. — See Commissioners on Uniform State Law official comment to 3-409 UPC. Am. Jur. 2d, A.L.R. and C.J.S. references. — 79 Am. Jur. 2d Wills § 842. 95 C.J.S. Wills §§ 343, 348.