reglab/housing_qa huggingface dataset:
NM Stat § 45-3-410 (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 45-3-410 - Formal testacy proceedings; probate of more than one instrument.

If two or more instruments are offered for probate before a final order is entered in a formal testacy proceeding, more than one instrument may be probated if neither expressly revokes the other or contains provisions which work a total revocation by implication. If more than one instrument is probated, the order shall indicate what provisions control in respect to the nomination of a personal representative, if any. The order may, but need not, indicate how any provisions of a particular instrument are affected by the other instrument. After a final order in a testacy proceeding has been entered, no petition for probate of any other instrument of the decedent may be entertained, except incident to a petition to vacate or modify a previous probate order and subject to the time limits of Section 3-412 [45-3-412 NMSA 1978]. History: 1953 Comp., § 32A-3-410, enacted by Laws 1975, ch. 257, § 3-410. ANNOTATIONSOfficial comments. — See Commissioners on Uniform State Law official comment to 3-410 UPC. Am. Jur. 2d, A.L.R. and C.J.S. references. — 79 Am. Jur. 2d Wills §§ 824, 842. Incorporation into will of provisions of will of another person by reference thereto, 37 A.L.R. 1476. Probate where two or more testamentary documents, bearing the same date or undated, are proffered, 17 A.L.R.3d 603. 95 C.J.S. Wills § 313.
NM Stat § 45-3-411 (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 45-3-411 - Formal testacy proceedings; partial intestacy.

If it becomes evident in the course of a formal testacy proceeding that, though one or more instruments are entitled to be probated, the decedent's estate is or may be partially intestate, the district court shall enter an order to that effect. History: 1953 Comp., § 32A-3-411, enacted by Laws 1975, ch. 257, § 3-411. ANNOTATIONSCross references. — For burdens of proof in contested cases, see 45-3-407 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. — 80 Am. Jur. 2d Wills § 870. May parts of will be upheld notwithstanding failure of other parts for lack of testamentary mental capacity or undue influence, 64 A.L.R.3d 261. 95 C.J.S. Wills §§ 317, 322.
NM Stat § 45-3-413 (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 45-3-413 - Formal testacy proceedings; vacation of order for other cause.

For good cause shown, an order in a formal testacy proceeding may be modified or vacated within the time allowed for appeal as provided by the Rules Governing Appeals to the Supreme Court and Court of Appeals and Original Proceedings in the Supreme Court [12-101 NMRA]. History: 1953 Comp., § 32A-3-413, enacted by Laws 1975, ch. 257, § 3-413. ANNOTATIONSOfficial comments. — See Commissioners on Uniform State Law official comment to 3-413 UPC. Where time for appealing formal testacy order had run, the distribution of the estate was res judicata absent fraud or jurisdictional error. In re Estate of Kemnitz, 1981-NMCA-013, 95 N.M. 513, 623 P.2d 1027. Am. Jur. 2d, A.L.R. and C.J.S. references. — 80 Am. Jur. 2d Wills § 1063. 95 C.J.S. Wills § 502.
NM Stat § 45-3-414 (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 45-3-414 - Formal proceedings concerning appointment of personal representative.

A. A formal proceeding for adjudication regarding the priority or qualification of one who is an applicant for appointment as personal representative, or of one who previously has been appointed personal representative in informal proceedings, if an issue concerning the testacy of the decedent is or may be involved, is governed by Section 3-402 [45-3-402 NMSA 1978], as well as by this section. In other cases, the petition shall contain or adopt the statements required by Subsection A of Section 3-301 [45-3-301 NMSA 1978] and describe the question relating to priority or qualification of the personal representative which is to be resolved. If the proceeding precedes any appointment of a personal representative, it shall stay any pending informal appointment proceedings as well as any commenced thereafter. If the proceeding is commenced after appointment, the previously-appointed personal representative, after receipt of notice thereof, shall refrain from exercising any power of administration except as necessary to preserve the estate or unless the district court orders otherwise. B. After notice to interested persons, including all persons interested in the administration of the estate as successors under the applicable assumption concerning testacy, any previously-appointed personal representative, and any person having or claiming priority for appointment as personal representative, the district court shall determine who is entitled to appointment under Section 3-203 [45-3-203 NMSA 1978], make a proper appointment and, if appropriate, terminate any prior appointment found to have been improper as provided in cases of removal under Section 3-611 [45-3-611 NMSA 1978]. History: 1953 Comp., § 32A-3-414, enacted by Laws 1975, ch. 257, § 3-414. ANNOTATIONSOfficial comments. — See Commissioners on Uniform State Law official comment to 3-414 UPC. Limitations on informally appointed personal representative. — Once the district court denied a petition for formal appointment of the decedent's child as personal representative and ruled that the decedent's spouse should continue as personal representative, the limitation on the decedent's spouse's power as informally appointed personal representative in 45-3-414A NMSA 1978 no longer applied. In re Estate of Lopez, 1987-NMCA-087, 106 N.M. 157, 740 P.2d 707. Law reviews. — For article, "The Use of Revocable Inter Vivos Trusts in Estate Planning," see 1 N.M.L. Rev. 143 (1971). Am. Jur. 2d, A.L.R. and C.J.S. references. — 33 C.J.S. Executors and Administrators § 13.
NM Stat § 45-3-501 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 3 - Probate of Wills and Administration|Part 5 - SUPERVISED ADMINISTRATION|Section 45-3-501 - Supervised administration; nature of proceeding.

A. Supervised administration is a single in rem proceeding to secure complete administration and settlement of a decedent's estate under the continuing authority of the district court which extends until entry of an order approving distribution of the estate and discharging the personal representative or other order terminating the proceeding. B. A supervised personal representative is responsible to the district court, as well as to the interested persons, and is subject to directions concerning the estate made by the district court on its own motion or on the motion of any interested person. C. Except as otherwise provided in Sections 3-501 through 3-505 [45-3-501 to 45-3-505 NMSA 1978], or as otherwise ordered by the district court, a supervised personal representative has the same duties and powers as a personal representative who is not supervised. History: 1953 Comp., § 32A-3-501, enacted by Laws 1975, ch. 257, § 3-501. ANNOTATIONSOfficial comments. — See Commissioners on Uniform State Law official comment to 3-501 UPC. Cross references. — For general fiduciary duties of personal representative, see 45-3-703 NMSA 1978. Law reviews. — For article, "The Use of Revocable Inter Vivos Trusts in Estate Planning," see 1 N.M.L. Rev. 143 (1971). Am. Jur. 2d, A.L.R. and C.J.S. references. — 31 Am. Jur. 2d Executors and Administrators §§ 146, 147, 243 to 245, 382, 383; 79 Am. Jur. 2d Wills §§ 56, 70, 183. 33 C.J.S. Executors and Administrators §§ 1, 3, 12.
NM Stat § 45-3-502 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 3 - Probate of Wills and Administration|Part 5 - SUPERVISED ADMINISTRATION|Section 45-3-502 - Supervised administration; petition; order.

A. A petition for supervised administration may be filed by any interested person at any time or the request for supervised administration may be joined with a petition in a testacy or appointment proceeding. If the testacy of the decedent and the priority and qualification of any personal representative have not been adjudicated previously, the petition for supervised administration shall include the matters required of a petition in a formal testacy proceeding and the notice requirements and procedures applicable to a formal testacy proceeding apply. If not previously adjudicated, the district court shall adjudicate the testacy of the decedent and questions relating to the priority and qualifications of the personal representative in any case involving a request for supervised administration, even though the request for supervised administration may be denied. B. After notice to interested persons, the district court shall order supervised administration of a decedent's estate: (1) if the decedent's will directs supervised administration, unless the district court finds that circumstances bearing on the need for supervised administration have changed since the execution of the will and that there is no necessity for supervised administration; (2) if the decedent's will directs unsupervised administration, only upon a finding that supervised administration is necessary for protection of persons interested in the estate; or (3) in other cases if the district court finds that supervised administration is necessary under the circumstances. History: 1953 Comp., § 32A-3-502, enacted by Laws 1975, ch. 257, § 3-502. ANNOTATIONSOfficial comments. — See Commissioners on Uniform State Law official comment to 3-502 UPC. Cross references. — For definition of "interested person", see 45-1-201 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. — 33 C.J.S. Executors and Administrators § 51.
NM Stat § 45-3-503 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 3 - Probate of Wills and Administration|Part 5 - SUPERVISED ADMINISTRATION|Section 45-3-503 - Supervised administration; effect on other proceedings.

A. The pendency of a proceeding for supervised administration of a decedent's estate stays action on any informal application then pending or thereafter filed. B. If a will has been previously probated in informal proceedings, the effect of the filing of a petition for supervised administration is as provided for formal testacy proceedings by Section 3-401 [45-3-401 NMSA 1978]. C. After he has received notice of the filing of a petition for supervised administration, a personal representative who has been appointed previously shall not exercise his power to distribute any estate. The filing of the petition does not affect his other powers and duties unless the district court restricts the exercise of any of them pending full hearing on the petition. History: 1953 Comp., § 32A-3-503, enacted by Laws 1975, ch. 257, § 3-503. ANNOTATIONSOfficial comments. — See Commissioners on Uniform State Law official comment to 3-503 UPC. Am. Jur. 2d, A.L.R. and C.J.S. references. — 33 C.J.S. Executors and Administrators § 63.
NM Stat § 45-3-504 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 3 - Probate of Wills and Administration|Part 5 - SUPERVISED ADMINISTRATION|Section 45-3-504 - Supervised administration; powers of personal representative.

Unless restricted by the district court, a supervised personal representative has, without interim orders approving exercise of a power, all powers of personal representatives under the [Uniform] Probate Code, but he shall not exercise his power to make any distribution of the estate without prior order of the district court. Any other restriction on the power of a personal representative which may be ordered by the district court must be endorsed on his letters of appointment and, unless so endorsed, is ineffective as to persons dealing in good faith with the personal representative. History: 1953 Comp., § 32A-3-504, enacted by Laws 1975, ch. 257, § 3-504. ANNOTATIONSOfficial comments. — See Commissioners on Uniform State Law official comment to 3-504 UPC. Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For general fiduciary duties of personal representative, see 45-3-703 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. — 33 C.J.S. Executors and Administrators § 95.
NM Stat § 45-3-505 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 3 - Probate of Wills and Administration|Part 5 - SUPERVISED ADMINISTRATION|Section 45-3-505 - Supervised administration; interim orders; distribution and closing orders.

A. Unless otherwise ordered by the district court, supervised administration is terminated by order in accordance with time restrictions, notices and contents of orders prescribed for proceedings under Section 3-1001 [45-3-1001 NMSA 1978]. B. Interim orders approving or directing partial distributions or granting other relief may be issued by the district court at any time during the pendency of a supervised administration on the application of the personal representative or any interested person. C. A supervised personal representative shall file an account with the district court not less than annually during his administration and, on closing, shall file a final account to be approved under Section 3-1001 [45-3-1001 NMSA 1978]. The supervised personal representative shall also account to the district court on resignation or removal. D. In connection with any account, the district court may require the supervised personal representative to submit to a physical check of the estate in his control, to be made in any manner the court may specify. History: 1953 Comp., § 32A-3-505, enacted by Laws 1975, ch. 257, § 3-505. ANNOTATIONSOfficial comments. — See Commissioners on Uniform State Law official comment to 3-505 UPC. Am. Jur. 2d, A.L.R. and C.J.S. references. — 33 C.J.S. Executors and Administrators § 525.
NM Stat § 45-3-601 (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 45-3-601 - Qualification.

Prior to receiving letters, a personal representative shall qualify by filing with the appointing probate court or district court any required bond and a statement of acceptance of the duties of the office. History: 1953 Comp., § 32A-3-601, enacted by Laws 1975, ch. 257, § 3-601. ANNOTATIONSOfficial comments. — See Commissioners on Uniform State Law official comment to 3-601 UPC. Compiler's notes. — This section includes within its scope some of the functions of former 31-1-17, 1953 Comp. Cross references. — For bond requirements, see 45-3-603 NMSA 1978. Executor without power until bond given. — An executor is without power to act as such until he has given bond required by the statute, unless bond was waived by the testator. Amberson v. Candler, 1913-NMSC-007, 17 N.M. 455, 130 P. 255 (decided under former law). Oath subsequent to grant of letters. — Where letters of administration are granted to an executrix on the condition that she be duly sworn first and the date of the oath is subsequent to that of the letters, the statute of nonclaim runs from the date of the oath. Brickley v. Spence, 1928-NMSC-013, 33 N.M. 248, 264 P. 959 (decided under former law). Am. Jur. 2d, A.L.R. and C.J.S. references. — 31 Am. Jur. 2d Executors and Administrators §§ 263, 271 to 366, 1161 to 1167. Liability of sureties on bond of administratrix who secures her appointment by misrepresenting the decedent's identity or her relationship to him, 9 A.L.R. 1138. Acts or omissions in respect of cause of action for death, or the funds received on that account, as within coverage of bond of executor or administrator, 68 A.L.R. 1543. Liability of sureties on bond of guardian, executor, administrator or trustee for defalcation or deficit occurring before bond was given, 82 A.L.R. 585. Delay of executor or administrator in completing administration as affecting liability on bond, 85 A.L.R. 440. Liability of sureties on bond of executor or administrator in respect of proceeds of sale of real property under testamentary direction or power, 91 A.L.R. 943. Liability of guardian or his surety as affected by agreement by which he limits his control over funds or investments, 102 A.L.R. 1108. Accounting by guardian, executor, administrator or trustee as a necessary condition of action on his bond, 119 A.L.R. 83. Official bond of executor, administrator, guardian or trustee as covering appeal taken by him, 132 A.L.R. 1280. 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 §§ 66, 67.
NM Stat § 45-3-602 (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 45-3-602 - Acceptance of appointment; consent to jurisdiction.

By accepting appointment, a personal representative submits personally to the jurisdiction of the court in any proceeding relating to the estate that may be instituted by any interested person. Notice of any proceeding shall be delivered to the personal representative or mailed to him at his address as listed in the application or petition for appointment or as thereafter reported to the court. History: 1953 Comp., § 32A-3-602, enacted by Laws 1975, ch. 257, § 3-602. ANNOTATIONSOfficial comments. — See Commissioners on Uniform State Law official comment to 3-602 UPC. Am. Jur. 2d, A.L.R. and C.J.S. references. — 33 C.J.S. Executors and Administrators § 72; 34 C.J.S. Executors and Administrators § 752.
NM Stat § 45-3-603 (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 45-3-603 - Bond requirements.

A. No bond is required of a personal representative appointed in informal proceedings, except: (1) upon the appointment of a special administrator; (2) when a personal representative is appointed to administer an estate under a will containing an express requirement of bond; or (3) when bond is required under Section 3-605 [45-3-605 NMSA 1978]. B. Bond may be required by court order at the time of appointment of a personal representative appointed in any formal proceeding, except that bond is not required of a personal representative appointed in formal proceedings if the will relieves the personal representative of bond, unless bond has been requested by an interested person in accordance with Section 3-605 and the district court so orders. Bond required by any will may be dispensed with in formal proceedings upon determination by the district court that it is not necessary. C. No bond is required of any personal representative who, pursuant to statute, is exempt or has deposited cash or collateral with an agency of New Mexico to secure performance of his duties. History: 1953 Comp., § 32A-3-603, enacted by Laws 1975, ch. 257, § 3-603. ANNOTATIONSOfficial comments. — See Commissioners on Uniform State Law official comment to 3-603 UPC. Compiler's notes. — This section includes within its scope some of the functions of former 31-1-18, 1953 Comp. Executor without power until bond given. — An executor is without power to act as such until he has given bond required by the statute, unless bond was waived by the testator. Amberson v. Candler, 1913-NMSC-007, 17 N.M. 455, 130 P. 255 (decided under former law). Suit on bond. — An administrator de bonis non cannot maintain suit on the original administrator's bond for the original administrator's failure to prosecute the decedent's surviving partners. To the administrator de bonis non is committed only the administration of the goods, chattels, and credits of the deceased which have not been administered. Beall v. New Mexico, 83 U.S. 535, 16 Wall. 535, 21 L. Ed. 292 (1873). Necessity of bond where only asset is cause of action. — Under former law, a bond of the administrator of an estate was required where the only asset was a cause of action in wrongful death. 1975 Op. Att'y Gen. No. 75-29 (opinion rendered under former 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. — 33 C.J.S. Executors and Administrators § 67.
NM Stat § 45-3-604 (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 45-3-604 - Bond amount; security; procedure; reduction.

A. If bond is required and the provisions of the will or order do not specify the amount, unless stated in his application or petition, the person qualifying shall file a statement under oath indicating his best estimate of the value of the personal estate of the decedent and of the income expected from the personal and real estate during the next year, and he shall execute and file a bond, or give other suitable security, in an amount no less than the estimate. The court shall determine that the bond is executed by a corporate surety, or one or more individual sureties, acceptable to the court. B. The court may permit the amount of the bond to be reduced by the value of assets of the estate deposited with a domestic financial institution, as defined in Section 6-101 [45-6-101 NMSA 1978], in a manner that prevents their unauthorized disposition. C. On petition of the personal representative or another interested person, the district court may: (1) excuse a requirement of bond; (2) increase or reduce the amount of the bond; (3) release sureties; or (4) permit the substitution of another bond with the same or different sureties. History: 1953 Comp., § 32A-3-604, enacted by Laws 1975, ch. 257, § 3-604. ANNOTATIONSOfficial comments. — See Commissioners on Uniform State Law official comment to 3-604 UPC. Where an estate consists solely of a cause of action in wrongful death, the judge is called upon to estimate the value of that cause of action. In estimating the value, the judge should consider the likelihood of success, the possible judgment rendered and the likelihood the administrator will be called upon to pursue the action. 1975 Op. Att'y Gen. No. 75-30 (opinion rendered under former law). Am. Jur. 2d, A.L.R. and C.J.S. references. — Lapse of time after guardian's settlement as affecting liability of guardian or his sureties, 50 A.L.R. 61. Power or discretion of court, after bond of executor, administrator or testamentary trustee has been given, to dispense with, discontinue or modify bond, 121 A.L.R. 951. 33 C.J.S. Executors and Administrators § 67.