reglab/housing_qa huggingface dataset:
NM Stat § 45-2-1008 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 2 - Intestate Succession and Wills|Part 10 - INTERNATIONAL WILLS|Section 45-2-1008 - Source and construction.

Sections 45-2-1101 through 45-2-1107 NMSA 1978 [45-2-1001 to 45-2-1007 NMSA 1978] derive from annex to convention of October 26, 1973, providing a uniform law on the form of an international will. In interpreting and applying Sections 45-2-1101 through 45-2-1110 NMSA 1978 [45-2-1001 to 45-2-1010 NMSA 1978], regard shall be had to its international origin and to the need for uniformity in its interpretation. History: 1978 Comp., § 45-2-1108, enacted by Laws 1992, ch. 66, § 14; recompiled as 1978 Comp., § 45-2-1008 by Laws 1993, ch. 174, § 67. ANNOTATIONSOfficial comments. — See Commissioners on Uniform State Law official comment to 2-10081 UPC. Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law. The bracketed translations were inserted in light of the 1993 recompilation of this part.
NM Stat § 45-2-1009 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 2 - Intestate Succession and Wills|Part 10 - INTERNATIONAL WILLS|Section 45-2-1009 - Persons authorized to act in relation to international will; eligibility; recognition by authorizing agency.

Individuals who have been admitted to practice law before the courts of this state and are currently licensed so to do are authorized persons in relation to international wills. History: 1978 Comp., § 45-2-1109, enacted by Laws 1992, ch. 66, § 15; recompiled as 1978 Comp., § 45-2-1009 by Laws 1993, ch. 174, § 67. ANNOTATIONSOfficial comments. — See Commissioners on Uniform State Law official comment to 2-1009 UPC.
NM Stat § 45-2-1010 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 2 - Intestate Succession and Wills|Part 10 - INTERNATIONAL WILLS|Section 45-2-1010 - International will; information registration.

The secretary of state shall establish a registry system by which authorized persons may register, in a central information center, information regarding the execution of international wills, keeping that information in strictest confidence until the death of the maker and then making it available to any person desiring information about any will who presents a death certificate or other satisfactory evidence of the testator's death to the center. Information that may be received, preserved in confidence until death and reported as indicated is limited to the name, social security or any other individual identifying number established by law, address and date and place of birth of the testator, and the intended place of deposit or safekeeping of the instrument pending the death of the maker. The secretary of state, at the request of the authorized person, may cause the information it receives about execution of any international will to be transmitted to the registry system of another jurisdiction as identified by the testator, if that other system adheres to rules protecting the confidentiality of the information similar to those established in this state. History: 1978 Comp., § 45-2-1110, enacted by Laws 1992, ch. 66, § 16; recompiled as 1978 Comp., § 45-2-1010 by Laws 1993, ch. 174, § 67.
NM Stat § 45-2-1102 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 2 - Intestate Succession and Wills|Part 11 - PROPERTY INTERESTS|Section 45-2-1102 - Definitions.

As used in the Uniform Disclaimer of Property Interests Act: A. "disclaimant" means the person to whom a disclaimed interest or power would have passed had the disclaimer not been made; B. "disclaimed interest" means the interest that would have passed to the disclaimant had the disclaimer not been made; C. "disclaimer" means the refusal to accept an interest in or power over property; D. "fiduciary" means a personal representative, trustee, agent acting under a power of attorney or other person authorized to act as a fiduciary with respect to the property of another person; E. "jointly held property" means property held in the name of two or more persons under an arrangement in which all holders have concurrent interests and under which the last surviving holder is entitled to the whole of the property; and F. "trust" means: (1) an express trust, charitable or noncharitable, with additions thereto, whenever and however created; and (2) a trust created pursuant to a statute, judgment or decree that requires the trust to be administered in the manner of an express trust. History: Laws 2001, ch. 290, § 2; 1978 Comp., § 46-10-2 recompiled and amended as § 45-2-1102 NMSA 1978 by Laws 2011, ch. 124, § 90. ANNOTATIONSRecompilations. — Laws 2011, ch. 124, § 90 recompiled and amended former 46-10-2 NMSA 1978 as 45-2-1102 NMSA 1978, effective January 1, 2012. The 2011 amendment, effective January 1, 2012, eliminated the definitions of "person" and "state".
NM Stat § 45-2-1103 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 2 - Intestate Succession and Wills|Part 11 - PROPERTY INTERESTS|Section 45-2-1103 - Scope.

The Uniform Disclaimer of Property Interests Act applies to disclaimers of any interest in or power over property, whenever created. History: Laws 2001, ch. 290, § 3; 1978 Comp., § 46-10-3 recompiled as § 45-2-1103 by Laws 2011, ch. 124, § 101. ANNOTATIONSRecompilations. — Laws 2011, ch. 124, § 101 recompiled former 46-10-3 NMSA 1978 as 45-2-1103 NMSA 1978, effective January 1, 2012.
NM Stat § 45-2-1104 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 2 - Intestate Succession and Wills|Part 11 - PROPERTY INTERESTS|Section 45-2-1104 - Uniform Disclaimer of Property Interests Act supplemented by other law.

A. Unless displaced by a provision of the Uniform Disclaimer of Property Interests Act, the principles of law and equity supplement that act. B. The Uniform Disclaimer of Property Interests Act does not limit any right of a person to waive, release, disclaim or renounce an interest in or power over property under a law other than that act. History: Laws 2001, ch. 290, § 4; 1978 Comp., § 46-10-4 recompiled as § 45-2-1104 by Laws 2011, ch. 124, § 101. ANNOTATIONSRecompilations. — Laws 2011, ch. 124, § 101 recompiled former 46-10-4 NMSA 1978 as 45-2-1104 NMSA 1978, effective January 1, 2012.
NM Stat § 45-2-1108 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 2 - Intestate Succession and Wills|Part 11 - PROPERTY INTERESTS|Section 45-2-1108 - Disclaimer of interest by trustee.

If a trustee disclaims an interest in property that otherwise would have become trust property, the interest does not become trust property. History: Laws 2001, ch. 290, § 8; 1978 Comp., § 46-10-8 recompiled as § 45-2-1108 by Laws 2011, ch. 124, § 101. ANNOTATIONSRecompilations. — Laws 2011, ch. 124, § 101 recompiled former 46-10-8 NMSA 1978 as 45-2-1108 NMSA 1978, effective January 1, 2012. COMMENT This section deals with disclaimer of a right to receive property into a trust, and thus applies only to trustees. (A disclaimer of a right to receive property by a fiduciary acting on behalf of an individual, such as a personal representative, conservator, guardian, or agent is governed by the section of the statute applicable to the type of interest being disclaimed.) The instrument under which the right to receive the property was created may govern the disposition of the property in the event of a disclaimer by providing for a disposition when the trust does not exist. When the instrument does not make such a provision, the doctrine of resulting trust will carry the property back to the donor. The effect of the actions of co-trustees will depend on the state law governing the action of multiple trustees. Every disclaimer by a trustee must be compatible with the trustee's fiduciary obligations.
NM Stat § 45-2-1109 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 2 - Intestate Succession and Wills|Part 11 - PROPERTY INTERESTS|Section 45-2-1109 - Disclaimer of power of appointment or other power not held in fiduciary capacity.

If a holder disclaims a power of appointment or other power not held in a fiduciary capacity, the following rules apply: A. If the holder has not exercised the power, the disclaimer takes effect as of the time the instrument creating the power becomes irrevocable. B. If the holder has exercised the power and the disclaimer is of a power other than a presently exercisable general power of appointment, the disclaimer takes effect immediately after the last exercise of the power. C. The instrument creating the power is construed as if the power expired when the disclaimer became effective. History: Laws 2001, ch. 290, § 9; 1978 Comp., § 46-10-9 recompiled as § 45-2-1109 by Laws 2011, ch. 124, § 101. ANNOTATIONSRecompilations. — Laws 2011, ch. 124, § 101 recompiled former 46-10-9 NMSA 1978 as 45-2-1109 NMSA 1978, effective January 1, 2012. COMMENT Section 2-1105(a) [45-2-1105 NMSA 1978] authorizes a person to disclaim an interest in or power over property. Section 2-1109 [45-2-1109 NMSA 1978] provides rules for disclaimers of powers which are not held in a fiduciary capacity. The most common non-fiduciary power is a power of appointment. Section 2-1105(a) also authorizes the partial disclaimer of a power as well as of an interest. For example, the disclaimer could be of a portion of the power to appoint one's self, while retaining the right to appoint to others. The effect of a disclaimer of a power under Section 2-1109 depends on whether or not the holder has exercised the power and on what sort of power is held. If a holder disclaims a power before exercising it, the power expires and can never be exercised. If the power has been exercised, the power is construed as having expired immediately after its last exercise by the holder. The disclaimer affects only the holder of the power and will not affect other aspects of the power. Example 1. T creates a testamentary trust to pay the income to A for life, remainder as A shall appoint by will among her descendants living at A's death and four named charities. If A does not exercise her power, the remainder passes to her descendants living at her death by representation. A disclaims the power. The power can no longer be exercised and on A's death the remainder will pass to the takers in default.
NM Stat § 45-2-1114 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 2 - Intestate Succession and Wills|Part 11 - PROPERTY INTERESTS|Section 45-2-1114 - Tax qualified disclaimer.

Notwithstanding any other provision of the Uniform Disclaimer of Property Interests Act, if as a result of a disclaimer or transfer, the disclaimed or transferred interest is treated pursuant to the provisions of Title 26 of the United States Code, as now or hereafter amended, or any successor statute thereto, and the regulations promulgated thereunder, as never having been transferred to the disclaimant, then the disclaimer or transfer is effective as a disclaimer under the Uniform Disclaimer of Property Interests Act. History: Laws 2001, ch. 290, § 14; 1978 Comp., § 46-10-14 recompiled as § 45-2-1114 by Laws 2011, ch. 124, § 101. ANNOTATIONSRecompilations. — Laws 2011, ch. 124, § 101 recompiled former 46-10-14 NMSA 1978 as 45-2-1114 NMSA 1978, effective January 1, 2012. COMMENT This section coordinates the Act with the requirements of a qualified disclaimer for transfer tax purposes under IRC §2518. Any disclaimer which is qualified for estate and gift tax purposes is a valid disclaimer under this Act even if its does not otherwise meet the Act's more specific requirements.
NM Stat § 45-2-1115 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 2 - Intestate Succession and Wills|Part 11 - PROPERTY INTERESTS|Section 45-2-1115 - Recording of disclaimer.

If an instrument transferring an interest in or power over property subject to a disclaimer is required or permitted by law to be filed, recorded or registered, the disclaimer may be so filed, recorded or registered. Except as otherwise provided in Paragraph (2) of Subsection G of Section 45-2-1112 NMSA 1978, failure to file, record or register the disclaimer does not affect its validity as between the disclaimant and persons to whom the property interest or power passes by reason of the disclaimer. History: Laws 2001, ch. 290, § 15; 1978 Comp., § 46-10-15 recompiled and amended as § 45-2-1115 NMSA 1978 by Laws 2011, ch. 124, § 93. ANNOTATIONSRecompilations. — Laws 2011, ch. 124, § 93 recompiled and amended former 46-10-15 NMSA 1978 as 45-2-1115 NMSA 1978, effective January 1, 2012. The 2011 amendment, effective January 1, 2012, made the failure to file, record or register a disclaimer subject to Paragraph (2) of Subsection G of Section 45-1-1112 NMSA 1978. COMMENT This section permits the recordation of a disclaimer of an interest in property ownership of or title to which is the subject of a recording system. This section expands on the corresponding provision of previous Uniform Acts which only referred to permissive recording of a disclaimer of an interest in real property. While local practice may vary, disclaimants should realize that in order to establish the chain of title to real property, and to ward off creditors and bona fide purchasers, the disclaimer may have to be recorded. This section does not change the law of the state governing notice. The reference to Section 2-1112(g)(2) concerns the disclaimer of an interest in real property created by a "beneficiary designation" as that term is defined in §2-1112(a). Such a disclaimer must be recorded. (Amended in 2010.)
NM Stat § 45-2-1116 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 2 - Intestate Succession and Wills|Part 11 - PROPERTY INTERESTS|Section 45-2-1116 - Application to existing relationships.

Except as otherwise provided in Section 13 [45-2-1113 NMSA 1978] of the Uniform Disclaimer of Property Interests Act, an interest in or power over property existing on the effective date of that act as to which the time for delivering or filing a disclaimer under law superseded by that act has not expired may be disclaimed after the effective date of that act. History: Laws 2001, ch. 290, § 16; 1978 Comp., § 46-10-16 recompiled as § 45-2-1116 by Laws 2011, ch. 124, § 101. ANNOTATIONSRecompilations. — Laws 2011, ch. 124, § 101 recompiled former 46-10-16 NMSA 1978 as 45-2-1116 NMSA 1978, effective January 1, 2012. COMMENT This section deals with the application of the Act to existing interests and powers. It insures that disclaimers barred by the running of a time period under prior law will not be revived by the Act. For example, assume prior law, like the prior Acts and former Section 2-801, allows the disclaimer of present interests within nine months of their creation and the disclaimer of future interests nine months after they are indefeasibly vested. Under T's will, X receives an outright devise of a sum of money and also has a contingent remainder in a trust created under the will. The Act is effective in the jurisdiction governing the administration of T's estate ten months after T's death. X cannot disclaim the general devise, irrespective of the application of Section 2-1113 [45-2-1113 NMSA 1978], because the nine months allowed under prior law have run. The contingent remainder, however, may be disclaimed so long as it is not barred under Section 2-1113 without regard to the nine month period of prior law.
NM Stat § 45-3-102 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 3 - Probate of Wills and Administration|Part 1 - GENERAL PROVISIONS|Section 45-3-102 - Necessity of order of probate for will.

Except as provided in Sections 45-3-1201, 45-3-1205 and 45-3-1301 NMSA 1978, to be effective to prove the transfer of any property or to nominate a personal representative, a will must be declared to be valid by an order of informal probate by the probate court or an adjudication of probate by the district court. History: 1953 Comp., § 32A-3-102, enacted by Laws 1975, ch. 257, § 3-102; 1995, ch. 210, § 31; 2005, ch. 143, § 1. ANNOTATIONSCross references. — For execution and formalities of attested wills, see 45-2-502 NMSA 1978. For self-proved wills, see 45-2-504 NMSA 1978. The 2005 amendment, effective July 1, 2005, expanded the exception to include Sections 45-3-1205 and 45-3-1301 NMSA 1978. The 1995 amendment, effective July 1, 1995, substituted "Section 45-3-1201 NMSA 1978" for "Section 3-1201" and deleted the former second sentence, relating to admission as evidence of a devise of a duly executed and unrevoked will which has not been probated. Passage of real and personal property distinguished. — Real estate of a decedent passes directly to the heirs or devisees and does not pass to the executor or administrator. With personal property the rule is otherwise, and before title passes there must be due administration followed by a determination of heirship and an order of distribution. Clovis Nat'l Bank v. Callaway, 1961-NMSC-129, 69 N.M. 119, 364 P.2d 748 (decided under prior law). Am. Jur. 2d, A.L.R. and C.J.S. references. — 79 Am. Jur. 2d Wills § 227. Relation back of probate of will in support of title or rights of persons claiming under or through devisee, 48 A.L.R. 1035. Right to probate subsequently discovered will as affected by completed prior proceedings in intestate administration, 2 A.L.R.4th 1315. 95 C.J.S. Wills § 310.
NM Stat § 45-3-103 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 3 - Probate of Wills and Administration|Part 1 - GENERAL PROVISIONS|Section 45-3-103 - Necessity of appointment for administration.

Except as otherwise provided in Sections 4-101 through 4-401 [45-4-101 to 45-4-401 NMSA 1978], to acquire the powers and undertake the duties and liabilities of a personal representative of a decedent, a person must be appointed by order of the district court or probate court, qualify and be issued letters. Administration of an estate is commenced by the issuance of letters. History: 1953 Comp., § 32A-3-103, enacted by Laws 1975, ch. 257, § 3-103. ANNOTATIONSCompiler's notes. — This section is similar to former 31-1-2, 1953 Comp. Cross references. — For informal probate or appointment proceedings, see 45-3-301 NMSA 1978. For formal proceedings concerning appointment of personal representative, see 45-3-414 NMSA 1978. Effect of mistake as to character of letters. — A mistake as to the character of letters issued does not render them and all acts performed by the executor or administrator void. Amberson v. Candler, 1913-NMSC-007, 17 N.M. 455, 130 P. 255 (decided under former law). Am. Jur. 2d, A.L.R. and C.J.S. references. — Relation back of letters testamentary or of administration, effect of doctrine of, on suits and actions growing out of previous acts, 26 A.L.R. 1369. 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.
NM Stat § 45-3-104 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 3 - Probate of Wills and Administration|Part 1 - GENERAL PROVISIONS|Section 45-3-104 - Claims against decedent; necessity of administration.

A. No proceeding to enforce a claim against the estate of a decedent or his successors may be revived or commenced before the appointment of a personal representative. After the appointment and until distribution, all proceedings and actions to enforce a claim against the estate are governed by the procedure prescribed by Sections 3-101 through 3-1204 [45-3-101 to 45-3-1204 NMSA 1978]. After distribution a creditor whose claim has not been barred may recover from the distributees as provided in Section 3-1004 [45-3-1004 NMSA 1978] or from a personal representative individually liable as provided in Section 3-1005 [45-3-1005 NMSA 1978]. B. Subsection A of this section shall have no application to a proceeding by a secured creditor of the decedent to enforce his right to his security except as to any deficiency judgment which might be sought therein. History: 1953 Comp., § 32A-3-104, enacted by Laws 1975, ch. 257, § 3-104. ANNOTATIONSOfficial comments. — See Commissioners on Uniform State Law official comment to 3-104 UPC. Cross references. — For informal probate or appointment proceedings, see 45-3-301 NMSA 1978. For formal proceedings concerning appointment of personal representative, see 45-3-414 NMSA 1978. For appointment of administrator on application of revenue division of department of taxation and revenue, and to waiver of administration after payment of estate tax, see 7-7-9 NMSA 1978. This section was not an obstacle to mere filing of complaint where, in order to escape the bar of the statute of limitations, the plaintiff brought an action before the appointment of a personal representative by naming the prospective personal representative as "John Doe" and then diligently pursued the appointment of the personal representative. Macias v. Jaramillo, 2000-NMCA-086, 129 N.M. 578, 11 P.3d 153. Am. Jur. 2d, A.L.R. and C.J.S. references. — Legacy charged upon land devised, right of legatee to enforce payment of, as against personal representative of devisee, 116 A.L.R. 27, 134 A.L.R. 361. Creditor's right to maintain action in interest of decedent's estate, 158 A.L.R. 729. Running of statute of limitations as affected by doctrine of relation back of appointment of administrator, 3 A.L.R.3d 1234. Amount of claim filed against decedent's estate as limiting amount recoverable in action against estate, 25 A.L.R.3d 1356. Effect of delay in appointing administrator or other representative on cause of action accruing at or after death of person in whose favor it would have accrued, 28 A.L.R.3d 1141. 26A C.J.S. Descent and Distribution § 116; 33 C.J.S. Executors and Administrators § 192; 34 C.J.S. Executors and Administrators § 694.
NM Stat § 45-3-105 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 3 - Probate of Wills and Administration|Part 1 - GENERAL PROVISIONS|Section 45-3-105 - Proceedings affecting devolution and administration.

Persons interested in decedents' estates may apply to the probate court for determination in the informal proceedings provided in Sections 3-101 through 3-1204 [45-3-101 to 45-3-1204 NMSA 1978], and may petition the district court for orders in formal proceedings within its jurisdiction. History: 1953 Comp., § 32A-3-105, enacted by Laws 1975, ch. 257, § 3-105. ANNOTATIONSCross references. — For interested person's demand for notice in decedent's estate proceedings, see 45-3-204 NMSA 1978. For interested person's right to demand bond for personal representative, see 45-3-605 NMSA 1978. For protective proceedings, see 45-5-406 NMSA 1978. For bond for conservator, see 45-5-416 NMSA 1978. Effect of request for formal proceeding. — Where a distributee has requested, and the personal representative has agreed to, adjudication of the distributee's share of estate assets in a formal proceeding, and neither the parties nor the district court have agreed to or ordered any change in the nature of the proceeding, procedures provided by Subsection C of 45-3-906 NMSA 1978, relating to proposals for distribution in informal proceedings, are inapplicable. Estates of Brown v. Dickinson, 2000-NMCA-030, 128 N.M. 825, 999 P.2d 1057.
NM Stat § 45-3-105.1 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 3 - Probate of Wills and Administration|Part 1 - GENERAL PROVISIONS|Section 45-3-105.1 - Repealed.

ANNOTATIONSRepeals. — Laws 1978, ch. 159, § 15, repealed 32A-3-105.1, 1953 Comp. (45-3-105.1 NMSA 1978), as enacted by Laws 1977, ch. 121, § 1 relating to probate filing, effective March 6, 1978.