reglab/statecodes huggingface dataset:
2023 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.
ANNOTATIONS
Official 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.
2023 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.
ANNOTATIONS
Official 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.
2023 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.
ANNOTATIONS
Official 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.
2023 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.
ANNOTATIONS
Official 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.
2023 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.
ANNOTATIONS
Official 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.
2023 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.
ANNOTATIONS
Official 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.
2023 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.
ANNOTATIONS
Official 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.
2023 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.
ANNOTATIONS
Official 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.
2023 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.
ANNOTATIONS
Official 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.
2023 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.
ANNOTATIONS
Official 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.
2023 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.
ANNOTATIONS
Official 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.
2023 New Mexico Statutes › Chapter 45 - Uniform Probate Code › Article 3 - Probate of Wills and Administration › Part 6 - PERSONAL REPRESENTATIVE; APPOINTMENT, CONTROL AND TERMINATION OF AUTHORITY › Section 45-3-605 - Demand for bond by interested person.

Any person apparently having an interest in the estate worth in excess of seven thousand five hundred dollars ($7,500), or any creditor having a claim in excess of seven thousand five hundred [dollars] ($7,500), may make a written demand that a personal representative give bond. The demand must be filed with the court and a copy mailed to the personal representative, if appointment and qualification have occurred. Thereafter, the personal representative shall post bond or petition the district court to determine the bond requirement. If bond is required, the requirement ceases if the person demanding bond ceases to be interested in the estate, or if bond is excused as provided in Sections 3-603 [45-3-603 NMSA 1978] or 3-604 [45-3-604 NMSA 1978]. After he has received notice and until the filing of the bond or cessation of the requirement of bond, the personal representative shall refrain from exercising any powers of his office except as necessary to preserve the estate. Failure of the personal representative to meet a bond requirement within thirty days is cause for his removal.
History:
1953 Comp., § 32A-3-605, enacted by Laws 1975, ch. 257, § 3-605.
ANNOTATIONS
Official comments.
—
See
Commissioners on Uniform State Law official comment to 3-605 UPC.
Bracketed material.
— The bracketed was inserted by the compiler and is not part of the law.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Leave of court as prerequisite to action on bond, 2 A.L.R. 563.
When statute of limitations begins to run against action on bond of personal representative, 44 A.L.R.2d 807.
33 C.J.S. Executors and Administrators § 67.
2023 New Mexico Statutes › Chapter 45 - Uniform Probate Code › Article 3 - Probate of Wills and Administration › Part 6 - PERSONAL REPRESENTATIVE; APPOINTMENT, CONTROL AND TERMINATION OF AUTHORITY › Section 45-3-606 - Terms and conditions of bonds.

A. The following requirements and provisions apply to any bond required by Sections 3-601 through 3-618 [45-3-601 to 45-3-618 NMSA 1978]:
(1) bonds shall name New Mexico as obligee for the benefit of the interested persons in the estate and shall be conditioned upon the faithful discharge by the personal representative of all duties according to law;
(2) unless otherwise provided by the terms of the approved bond, sureties are jointly and severally liable with the personal representative and with each other. The address of sureties shall be stated in the bond;
(3) by executing an approved bond of a personal representative, the surety consents to the jurisdiction of the probate court or district court which issued letters to the primary obligor in any proceedings pertaining to the fiduciary duties of the personal representative and naming the surety as a party. Notice of any proceeding shall be delivered to the surety or mailed to him by registered or certified mail at his address as listed with the court where the bond is filed;
(4) on petition of a successor personal representative, any other personal representative of the same decedent or any interested person, a proceeding in the district court may be initiated against a surety for breach of the obligation of the bond of the personal representative; and
(5) the bond of the personal representative is not void after the first recovery but may be proceeded against from time to time until the whole penalty is exhausted.
B. No action or proceeding may be commenced against the surety on any matter as to which an action or proceeding against the primary obligor is barred by adjudication or limitation.
History:
1953 Comp., § 32A-3-606, enacted by Laws 1975, ch. 257, § 3-606.
ANNOTATIONS
Official comments.
—
See
Commissioners on Uniform State Law official comment to 3-606 UPC.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Right of surety on bond of trustee, executor, administrator or guardian to terminate liability as regards future defaults of principal, 118 A.L.R. 1261, 150 A.L.R. 485.
Court's power, in absence of statute, to require corporate surety on fiduciary bond in probate proceeding, 82 A.L.R.2d 926.
33 C.J.S. Executors and Administrators § 67.
2023 New Mexico Statutes › Chapter 45 - Uniform Probate Code › Article 3 - Probate of Wills and Administration › Part 6 - PERSONAL REPRESENTATIVE; APPOINTMENT, CONTROL AND TERMINATION OF AUTHORITY › Section 45-3-607 - Order restraining personal representative.

A. On petition of any person who appears to have an interest in the estate, the district court by temporary order may restrain a personal representative from performing specified acts of administration, disbursement or distribution, or exercise of any powers or discharge of any duties of his office, or make any other order to secure proper performance of his duty. Persons with whom the personal representative may transact business may be made parties.
B. The matter shall be set for hearing within ten days. Notice shall be given to the personal representative and his attorney of record, if any, and to such other persons as the district court may direct.
History:
1953 Comp., § 32A-3-607, enacted by Laws 1975, ch. 257, § 3-607.
ANNOTATIONS
Official comments.
—
See
Commissioners on Uniform State Law official comment to 3-607 UPC.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
33 C.J.S. Executors and Administrators § 147.
2023 New Mexico Statutes › Chapter 45 - Uniform Probate Code › Article 3 - Probate of Wills and Administration › Part 6 - PERSONAL REPRESENTATIVE; APPOINTMENT, CONTROL AND TERMINATION OF AUTHORITY › Section 45-3-608 - Termination of appointment; general.

A. Termination of appointment of a personal representative occurs as indicated in Sections 3-609 through 3-612 [45-3-609 to 45-3-612 NMSA 1978]. Termination ends the right and power pertaining to the office of personal representative as conferred by the [Uniform] Probate Code or any will, except that a personal representative, at any time prior to distribution or until restrained or enjoined by district court order, may perform acts necessary to protect the estate and may deliver the assets to a successor representative.
B. Termination does not discharge a personal representative from liability for transactions or omissions occurring before termination, or relieve him of the duty to preserve assets subject to his control, to account therefor and to deliver the assets. Termination does not affect the jurisdiction of the court over the personal representative, but terminates his authority to represent the estate in any pending or future proceeding.
History:
1953 Comp., § 32A-3-608, enacted by Laws 1975, ch. 257, § 3-608.
ANNOTATIONS
Official comments.
—
See
Commissioners on Uniform State Law official comment to 3-608 UPC.
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Continuing fiduciary duty until appointment terminated.
— The personal representative of an estate has a continuing fiduciary duty to protect the assets of the estate and to properly account therefor until his appointment is terminated by court order or his death.
Bowman v. Butler
, 1982-NMCA-108, 98 N.M. 357, 648 P.2d 815.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
33 C.J.S. Executors and Administrators § 78; 34 C.J.S. Executors and Administrators § 1039.
2023 New Mexico Statutes › Chapter 45 - Uniform Probate Code › Article 3 - Probate of Wills and Administration › Part 6 - PERSONAL REPRESENTATIVE; APPOINTMENT, CONTROL AND TERMINATION OF AUTHORITY › Section 45-3-609 - Termination of appointment; death or disability.

A. The death of a personal representative, or the appointment of a conservator for the estate of a personal representative, terminates his appointment.
B. Termination by death or appointment of a conservator imposes upon the personal representative of the deceased personal representative, or the conservator appointed for a living personal representative, the duty to protect the estate which has been possessed or is being administered by the personal representative at the time of his termination, and confers the power to perform acts necessary to protect the estate and account for, and deliver the assets to, a successor personal representative or special administrator upon his appointment and qualification.
History:
1953 Comp., § 32A-3-609, enacted by Laws 1975, ch. 257, § 3-609.
ANNOTATIONS
Official comments.
—
See
Commissioners on Uniform State Law official comment to 3-609 UPC.
Duties of successor personal representative.
— Following the death of a personal representative, his personal representative succeeds to the same fiduciary responsibility that the deceased had, as well as to the duty to render to the successor personal representative of the first estate any property, funds or assets contained in the first representative's estate which belong to the estate being administered by the personal representative at the time of his death.
Bowman v. Butler
, 1982-NMCA-108, 98 N.M. 357, 648 P.2d 815.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
33 C.J.S. Executors and Administrators §§ 78, 81; 34 C.J.S. Executors and Administrators §§ 1039, 1048.
2023 New Mexico Statutes › Chapter 45 - Uniform Probate Code › Article 3 - Probate of Wills and Administration › Part 6 - PERSONAL REPRESENTATIVE; APPOINTMENT, CONTROL AND TERMINATION OF AUTHORITY › Section 45-3-610 - Termination of appointment; voluntary.

A. An appointment of a personal representative terminates as provided in Section 3-1003 [45-3-1003 NMSA 1978], one year after the filing of a closing statement.
B. An order closing an estate as provided in Sections 3-1001 [45-3-1001 NMSA 1978] or 3-1002 [45-3-1002 NMSA 1978] terminates an appointment of a personal representative.
C. A personal representative may resign his position by filing a written statement of resignation with the court after he has given at least fifteen days written notice to the known interested persons. If the person resigning is a sole representative and if no one applies or petitions for appointment of a successor representative within the time indicated in the notice, the filed statement of resignation is ineffective as a termination of appointment and in any event is effective only upon the appointment and qualification of a successor representative and delivery of the assets to him. If the person resigning is a co-representative, such resignation is effective only upon delivery of the assets in his possession to any remaining co-representatives.
History:
1953 Comp., § 32A-3-610, enacted by Laws 1975, ch. 257, § 3-610.
ANNOTATIONS
Official comments.
—
See
Commissioners on Uniform State Law official comment to 3-610 UPC.
Compiler's notes.
— This section includes within its scope some of the functions of 31-1-29, 1953 Comp.
Collateral attack on termination of appointment.
— The probate court's order discharging the appellant as executor without allowing or rejecting his claim was not open to collateral attack, since the fraud which appellant alleged was not pleaded, nor presented in the trial of this cause.
Cravens v. Coldren
, 1929-NMSC-056, 34 N.M. 209, 279 P. 944.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Right of executor or administrator to resign, 91 A.L.R. 712.
33 C.J.S. Executors and Administrators § 78.
2023 New Mexico Statutes › Chapter 45 - Uniform Probate Code › Article 3 - Probate of Wills and Administration › Part 6 - PERSONAL REPRESENTATIVE; APPOINTMENT, CONTROL AND TERMINATION OF AUTHORITY › Section 45-3-612 - Termination of appointment; change of testacy status.

Except as otherwise ordered in formal proceedings, if a personal representative is appointed and then, at a later time, the will under which he is acting is invalidated or if a will is later proved, changing an assumption of intestacy under which the personal representative is acting, his office is not automatically terminated although his powers may be reduced as provided in Section 3-401 [45-3-401 NMSA 1978]. The personal representative's office terminates only on appointment of a new personal representative. If no new personal representative is sought, the existing personal representative can continue to act under the new testacy status.
History:
1953 Comp., § 32A-3-612, enacted by Laws 1975, ch. 257, § 3-612.
ANNOTATIONS
Official comments.
—
See
Commissioners on Uniform State Law official comment to 3-612 UPC.
Compiler's notes.
— This section is similar to former 31-1-25, 1953 Comp.
Invalidity of will not basis for removal.
— The court erred in removing the personal representative of the estate without conducting an evidentiary hearing and without expressly specifying the basis for his removal. The fact that portions of the decedent's will were determined to be invalid did not constitute a valid basis for removal of the personal representative.
In re Estate of Boyer
, 1994-NMCA-005, 117 N.M. 74, 868 P.2d 1299.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Probate of will subsequently discovered or annulment of will as affecting removal of administrator, 8 A.L.R. 177.
Revocation of grant of administration, on ground that administration is not necessary, 70 A.L.R. 386.
Statute dealing with existing intestate administration, upon discovery of will, 65 A.L.R.2d 1202.
33 C.J.S. Executors and Administrators § 78; 34 C.J.S. Executors and Administrators § 1039.
2023 New Mexico Statutes › Chapter 45 - Uniform Probate Code › Article 3 - Probate of Wills and Administration › Part 6 - PERSONAL REPRESENTATIVE; APPOINTMENT, CONTROL AND TERMINATION OF AUTHORITY › Section 45-3-613 - Successor personal representative.

A. Sections 3-301 through 3-311 [45-3-301 to 45-3-311 NMSA 1978] and 3-401 through 3-414 [45-3-401 to 45-3-414 NMSA 1978] govern proceedings for appointment of a personal representative to succeed one whose appointment has been terminated.
B. After appointment and qualification, a successor personal representative shall be substituted in all actions and proceedings to which the former personal representative was a party, and no notice, process or claim which was given or served upon the former personal representative need be given or served upon the successor in order to preserve any position or right the person giving the notice or filing the claim may thereby have obtained or preserved with reference to the former personal representative.
C. Except as otherwise ordered by the district court, the successor personal representative has the powers and duties in respect to the continued administration which the former personal representative would have had if his appointment had not been terminated.
History:
1953 Comp., § 32A-3-613, enacted by Laws 1975, ch. 257, § 3-613.
ANNOTATIONS
Official comments.
—
See
Commissioners on Uniform State Law official comment to 3-613 UPC.
Attorney's fees.
— Where special administrator and no personal representative had been appointed and special administrator had a duty to probate the decedent's will, although the will was found to be invalid, the special administrator was entitled to recover attorney's fees and costs.
In re Will of Ferrill
, 1983-NMSC-030, 99 N.M. 503, 660 P.2d 593.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Effect of proceeding to supplant administrator or executor, or of appeal from order appointing or removing him, upon rights of persons who dealt with him pending such proceedings or appeal, 99 A.L.R. 862.
33 C.J.S. Executors and Administrators §§ 48, 88.
2023 New Mexico Statutes › Chapter 45 - Uniform Probate Code › Article 3 - Probate of Wills and Administration › Part 6 - PERSONAL REPRESENTATIVE; APPOINTMENT, CONTROL AND TERMINATION OF AUTHORITY › Section 45-3-614 - Special administrator; appointment.

A special administrator may be appointed:
A. informally by the probate court on the application of any interested person when necessary to protect the estate of a decedent prior to the appointment of a general personal representative or if a prior appointment has been terminated by death or disability as provided in Section 3-609 [45-3-609 NMSA 1978]; or
B. in a formal proceeding by order of the district court on the petition of any interested person and finding, after notice and hearing, that appointment is necessary to preserve the estate or to secure its proper administration including its administration in circumstances where a general personal representative cannot or should not act. If it appears to the district court that an emergency exists, appointment may be ordered without notice.
History:
1953 Comp., § 32A-3-614, enacted by Laws 1975, ch. 257, § 3-614.
ANNOTATIONS
Official comments.
—
See
Commissioners on Uniform State Law official comment to 3-614 UPC.
Compiler's notes.
— This section is similar to former 31-1-13, 1953 Comp.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Authority of special or temporary administrator, or administrator pendente lite, to dispose of, distribute, lease or encumber property of estate, 148 A.L.R. 275.
34 C.J.S. Executors and Administrators §§ 1035, 1036.
2023 New Mexico Statutes › Chapter 45 - Uniform Probate Code › Article 3 - Probate of Wills and Administration › Part 6 - PERSONAL REPRESENTATIVE; APPOINTMENT, CONTROL AND TERMINATION OF AUTHORITY › Section 45-3-615 - Special administrator; who may be appointed.

A. If a special administrator is to be appointed pending the probate of a will which is the subject of a pending application or petition for probate, the person named personal representative in the will shall be appointed if available, and qualified.
B. In all other cases, any proper person may be appointed special administrator.
History:
1953 Comp., § 32A-3-615, enacted by Laws 1975, ch. 257, § 3-615.
ANNOTATIONS
Official comments.
—
See
Commissioners on Uniform State Law official comment to 3-615 UPC.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
34 C.J.S. Executors and Administrators §§ 1035, 1036.
2023 New Mexico Statutes › Chapter 45 - Uniform Probate Code › Article 3 - Probate of Wills and Administration › Part 6 - PERSONAL REPRESENTATIVE; APPOINTMENT, CONTROL AND TERMINATION OF AUTHORITY › Section 45-3-616 - Special administrator; appointed informally; powers and duties.

A special administrator appointed by the probate court in informal proceedings pursuant to Subsection A of Section 3-614 [45-3-614 NMSA 1978] has the duty to collect and manage the assets of the estate, to preserve them, to account for and to deliver such assets to the general personal representative upon his qualification. The special administrator appointed in informal proceedings has the power of a personal representative under the [Uniform] Probate Code necessary to perform his duties.
History:
1953 Comp., § 32A-3-616, enacted by Laws 1975, ch. 257, § 3-616.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
34 C.J.S. Executors and Administrators §§ 1035, 1036.
2023 New Mexico Statutes › Chapter 45 - Uniform Probate Code › Article 3 - Probate of Wills and Administration › Part 6 - PERSONAL REPRESENTATIVE; APPOINTMENT, CONTROL AND TERMINATION OF AUTHORITY › Section 45-3-617 - Special administrator; formal proceedings; powers and duties.

A special administrator appointed by order of the district court in any formal proceeding has the power of a general personal representative except as limited in the appointment and duties as prescribed in the order. The appointment may be for a specified time, or to perform particular acts or on other terms as the district court may direct.
History:
1953 Comp., § 32A-3-617, enacted by Laws 1975, ch. 257, § 3-617.
ANNOTATIONS
Cross references.
— For general duties and liability of personal representative,
see
45-3-703 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
34 C.J.S. Executors and Administrators §§ 1035, 1036.
2023 New Mexico Statutes › Chapter 45 - Uniform Probate Code › Article 3 - Probate of Wills and Administration › Part 6 - PERSONAL REPRESENTATIVE; APPOINTMENT, CONTROL AND TERMINATION OF AUTHORITY › Section 45-3-618 - Termination of appointment; special administrator.

The appointment of a special administrator pursuant to Section 3-614 [45-3-614 NMSA 1978] terminates in accordance with the provisions of the order of appointment or on the appointment of a general personal representative. In other cases, the appointment of a special administrator is subject to termination by resignation, or upon removal for cause, as provided in Sections 3-608 through 3-611 [45-3-608 to 45-3-611 NMSA 1978].
History:
1953 Comp., § 32A-3-618, enacted by Laws 1975, ch. 257, § 3-618.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
34 C.J.S. Executors and Administrators §§ 1035, 1036.
2023 New Mexico Statutes › Chapter 45 - Uniform Probate Code › Article 3 - Probate of Wills and Administration › Part 7 - DUTIES AND POWERS OF PERSONAL REPRESENTATIVES › Section 45-3-701 - Time of accrual of duties and powers.

A. The duties and powers of a personal representative commence upon his appointment. The powers of a personal representative relate back in time to give acts by the person appointed which are beneficial to the estate occurring prior to appointment the same effect as those occurring thereafter.
B. Prior to appointment, a person named personal representative in a will may carry out written instructions of the decedent relating to his body, funeral and burial arrangements.
C. A personal representative may ratify and accept acts on behalf of the estate done by others prior to the appointment of the personal representative where the acts would have been proper for a personal representative.
History:
1953 Comp., § 32A-3-701, enacted by Laws 1975, ch. 257, § 3-701.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
31 Am. Jur. 2d Executors and Administrators §§ 367 to 437, 522 to 531, 922 to 959.
Amount of funeral expenses allowable against decedent's estate, 4 A.L.R.2d 995.
Relation back of letters testamentary or of administration as validating prior sales of decedent's property, 2 A.L.R.3d 1105.
Running of statute of limitations as affected by doctrine of relation back of appointment of administrator, 3 A.L.R.3d 1234.
25A C.J.S. Dead Bodies § 2; 33 C.J.S. Executors and Administrators §§ 72, 142.
2023 New Mexico Statutes › Chapter 45 - Uniform Probate Code › Article 3 - Probate of Wills and Administration › Part 7 - DUTIES AND POWERS OF PERSONAL REPRESENTATIVES › Section 45-3-702 - Priority among different letters.

A person to whom general letters are rightly issued first has exclusive authority under the letters until his appointment is terminated or modified. If, through error, general letters are issued to another, the first rightly appointed representative may recover any property of the estate in the hands of the representative subsequently appointed, but the acts of the erroneously-appointed personal representative done in good faith before notice of the first letters are not void for want of validity of appointment.
History:
1953 Comp., § 32A-3-702, enacted by Laws 1975, ch. 257, § 3-702.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
33 C.J.S. Executors and Administrators §§ 48, 88.
2023 New Mexico Statutes › Chapter 45 - Uniform Probate Code › Article 3 - Probate of Wills and Administration › Part 7 - DUTIES AND POWERS OF PERSONAL REPRESENTATIVES › Section 45-3-704 - Personal representative to proceed without court order; exception.

A personal representative shall proceed expeditiously with the settlement and distribution of a decedent's estate and, except as otherwise specified or ordered in regard to a supervised personal representative, do so without adjudication, order or direction of the district court. However, the personal representative may invoke the jurisdiction of the district court, in proceedings authorized by the [Uniform] Probate Code, to resolve questions concerning the estate or its administration.
History:
1953 Comp., § 32A-3-704, enacted by Laws 1975, ch. 257, § 3-704.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Breach of fiduciary duties.
— Where the personal representative failed to distribute the decedent's estate in accordance with the decedent's will and New Mexico law, wrongfully distributed the estate's assets, failed to give a copy of the will to the decedent's devisees, misrepresented the terms of the will, failed to give the devisees timely notices of the probate proceedings, and failed to report all assets, the personal representative breached the personal representative's fiduciary duties.
In re Estate of Gardner
, 1992-NMCA-122, 114 N.M. 793, 845 P.2d 1247.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
33 C.J.S. Executors and Administrators § 147.
2023 New Mexico Statutes › Chapter 45 - Uniform Probate Code › Article 3 - Probate of Wills and Administration › Part 7 - DUTIES AND POWERS OF PERSONAL REPRESENTATIVES › Section 45-3-706 - Duty of personal representative; inventory and appraisement.

A. Within three months after his appointment, a personal representative, who is not a special administrator or a successor to another representative who has previously discharged this duty, shall prepare an inventory of property owned by the decedent at the time of his death, listing it with reasonable detail and indicating as to each listed item its estimated value as of the date of the decedent's death and the type and amount of any encumbrance that may exist with reference to any item.
B. The personal representative shall send a copy of the inventory to interested persons who request it. He may also file the original of the inventory with the appropriate court.
History:
1953 Comp., § 32A-3-706, enacted by Laws 1975, ch. 257, § 3-706; 1976 (S.S.), ch. 37, § 9; 1977, ch. 121, § 7; 1983, ch. 194, § 5.
ANNOTATIONS
Official comments.
—
See
Commissioners on Uniform State Law official comment to 3-706 UPC.
Compiler's notes.
— This section is similar to former 31-3-2, 1953 Comp.
Breach of duty.
— A personal representative failed to report all the estate assets as required by 45-3-706 NMSA 1978 since, although the personal representative's appraisal and inventory included the estate funds, it did not include the 300-acre property bequeathed to the personal representative and the personal representative's siblings, which was significant because, if the deceased sibling's children were denied their inheritance under 45-2-608 NMSA 1978, they were entitled to one-fourth of that property and one-fourth of the cash under 45-2-302 NMSA 1978.
In re Estate of Gardner
, 1992-NMCA-122, 114 N.M. 793, 845 P.2d 1247.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Surchargeability of trustee, executor, administrator or guardian with respect to mortgage investment, as affected by matters relating to value of property, 117 A.L.R. 871.
Delay of executor or administrator in filing inventory, account, or other report, or in completing administration and distribution of estate, as ground for removal, 33 A.L.R.4th 708.
33 C.J.S. Executors and Administrators § 95.
2023 New Mexico Statutes › Chapter 45 - Uniform Probate Code › Article 3 - Probate of Wills and Administration › Part 7 - DUTIES AND POWERS OF PERSONAL REPRESENTATIVES › Section 45-3-707 - Employment of appraisers.

The personal representative may employ one or more qualified and disinterested appraisers to assist the personal representative in ascertaining the fair market value as of the date of the decedent's death of any asset the value of which may be subject to reasonable doubt. The name and address of any appraiser shall be indicated on the inventory with the item or items he appraised.
History:
1978 Comp., § 45-3-707, enacted by Laws 1995, ch. 210, § 36.
ANNOTATIONS
Effective dates.
— Laws 1995, ch. 210, § 94 made the act effective July 1, 1995.