Chapter 45 — Chapter 45

Chapter 45 NMSA 1978 may be cited as the "Uniform Probate Code". History: 1953 Comp., § 32A-1-101, enacted by Laws 1975, ch. 257, § 1-101; 1993, ch. 174, § 2.

A. The Uniform Probate Code shall be liberally construed and applied to promote its underlying purposes and policies. B. The underlying purposes and policies of the Uniform Probate Code are: (1) to simplify, clarify and modernize certain laws concerning the affairs of decedents, …

The principles of law and equity supplement the [Uniform] Probate Code's provisions, unless specifically displaced by particular provisions of the code. History: 1953 Comp., § 32A-1-103, enacted by Laws 1975, ch. 257, § 1-103.

If any provision of the Uniform Probate Code or its application to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of that code that can be given effect without the invalid provision or application, and to this end, the…

expansion. The [Uniform] Probate Code is a general act intended as a unified coverage of its subject matter and no part of it shall be deemed impliedly repealed, amended or expanded by subsequent legislation. History: 1953 Comp., § 32A-1-105, enacted by Laws 1975, ch. 257, § 1-10…

A. If fraud has been perpetrated in connection with any proceeding or in any statement filed under the [Uniform] Probate Code or if fraud is used to avoid or circumvent the provisions or purposes of the code, any person injured thereby may obtain appropriate relief against the pe…

In addition to the rules of evidence in courts of general jurisdiction, the following rules relating to a determination of death and status apply: A. in accordance with Subsection A of Section 12-2-4 NMSA 1978, death occurs when an individual has sustained either: (1) irreversibl…

For the purpose of granting consent or approval with regard to the acts or accounts of a personal representative or trustee, including relief from liability or penalty for failure to post bond, or to perform other duties, and for purposes of consenting to modification or terminat…

No provision of the [Uniform] Probate Code alters or affects the right of a secured creditor to enforce his security interest against secured property included in the estate of a decedent. History: 1953 Comp., § 32A-1-109, enacted by Laws 1975, ch. 257, § 1-109.

Except as provided elsewhere in the Uniform Probate Code, on the effective date of this code or of any amendment to this code: A. the code or the amendment applies to governing instruments executed by decedents dying thereafter; B. the code or the amendment applies to any proceed…

A. As used in the Uniform Probate Code, except as provided in Subsection B of this section and unless the context otherwise requires: (1) "agent" includes an attorney-in-fact under a durable or nondurable power of attorney, an individual authorized to make decisions concerning an…

A. Except as otherwise provided in the Uniform Probate Code, the code applies to: (1) the affairs and estates of decedents, missing persons and protected persons domiciled in New Mexico; (2) the property of nonresidents located in New Mexico or property coming into the control of…

A. The district court has exclusive original jurisdiction over all subject matter relating to: (1) formal proceedings with respect to the estates of decedents, including determinations of testacy, appointment of personal representatives, constructions of wills, administration and…

The district courts have concurrent jurisdiction with the probate courts in each county within their respective judicial district as to all matters concerning informal probate. History: 1953 Comp., § 32A-1-302.1, enacted by Laws 1977, ch. 121, § 2.

A. Subject to the provisions of Sections 45-1-302 and 45-3-201 NMSA 1978 and Chapter 45, Article 5 NMSA 1978 and the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act [Chapter 45, Article 5A NMSA 1978], if a proceeding under the Uniform Probate Code could be …

Unless specifically provided to the contrary in the [Uniform] Probate Code, or unless inconsistent with its provisions, the Rules of Civil Procedure govern formal and informal proceedings under the code. History: 1953 Comp., § 32A-1-304, enacted by Laws 1975, ch. 257, § 1-304; 19…

A. The clerk of the district court and the clerk of the probate court shall each keep a record for each decedent, protected person or trust involved in any document that may be filed with the clerk's respective court under the Uniform Probate Code, including petitions and applica…

If demanded, in the manner provided by the Rules of Civil Procedure, a party is entitled to a trial by jury in a formal testacy proceeding and in any proceeding in which any controverted question of fact arises as to which any party has a constitutional right to trial by jury. Hi…

History: 1953 Comp., § 32A-1-307, enacted by Laws 1975, ch. 257, § 1-307; 1978 Comp., § 45-1-307, repealed by Laws 2023, ch. 44, § 16.

Appellate review, including the right to appellate review, interlocutory appeal, provisions as to time, manner, notice, appeal bond, stays, scope of review, record on appeal, briefs, arguments and power of the appellate court, is governed by the rules applicable to civil appeals …

ANNOTATIONS Compiler's notes. — Laws 1975, ch. 257, § 1-309, contained this section number, but no accompanying text.

Except as otherwise specifically provided in the [Uniform] Probate Code or by rule, every document filed with the court under the code, including applications, petitions and demands for notice, shall be deemed to include an oath, affirmation or statement to the effect that its re…

A. If notice of a hearing on any petition is required and except for specific notice requirements as otherwise provided, the petitioner shall cause notice of the time and place of hearing of any petition to be given to any interested person or, if the interested person is represe…

A person, including a guardian ad litem, conservator or other fiduciary, may waive notice either by a writing signed by the person and filed in the proceeding or by appearance in the proceeding. A person for whom a guardianship or other protective order is sought or a protected p…

In formal proceedings involving trusts, or estates of decedents, minors, protected persons or incapacitated persons, and in judicially supervised settlements, interests to be affected shall be described in pleadings that give reasonable information to owners by name or class, by …

A. Notice to a person who may represent and bind another person pursuant to the provisions of Chapter 45 NMSA 1978 has the same effect as if notice were given directly to the other person. B. The consent of a person who may represent and bind another person pursuant to the provis…

of appointment. To the extent there is no conflict of interest between the holder of a general testamentary power of appointment and the persons represented with respect to the particular question or dispute, the holder may represent and bind persons whose interests, as permissib…

To the extent there is no conflict of interest between the representative and the person represented or among those being represented with respect to a particular question or dispute: A. a conservator may represent and bind the estate that the conservator controls; B. a guardian …

interest. Unless otherwise represented, a minor, incapacitated or unborn person, or a person whose identity or location is unknown and not reasonably ascertainable, may be represented by and bound by another having a substantially identical interest with respect to the particular…

A. If the court determines that an interest is not represented under Chapter 45 NMSA 1978, or that the otherwise available representation might be inadequate, the court may appoint a representative to receive notice, give consent and otherwise represent, bind and act on behalf of…

required; contents; effect. A. If real property is included in an estate and is situate in a county other than the county wherein the estate is being administered, the personal representative shall, or any other interested person may, record with the county clerk of the other cou…

As used in Sections 45-2-1101 through 45-2-1110 NMSA 1978 [45-2-1001 to 45-2- 1010 NMSA 1978]: A. "international will" means a will executed in conformity with Sections 45-2-1102 through 45-2-1105 NMSA 1978 [45-2-1002 to 45-2-1005 NMSA 1978]; and B. "authorized person" or "person…

A. A will is valid as regards form, irrespective particularly of the place where it is made, of the location of the assets and of the nationality, domicile or residence of the testator, if it is made in the form of an international will complying with the requirements of Sections…

A. The will must be made in writing. It need not be written by the testator himself. It may be written in any language, by hand or by any other means. B. The testator shall declare in the presence of two witnesses and of a person authorized to act in connection with international…

A. The signatures shall be placed at the end of the will. If the will consists of several sheets, each sheet shall be signed by the testator or, if he is unable to sign, by the person signing on his behalf or, if there is no such person, by the authorized person. In addition, eac…

The authorized person shall attach to the will a certificate to be signed by him establishing that the requirements of Sections 45-2-1101 through 45-2-1110 NMSA 1978 [45-2-1001 to 45-2-1010 NMSA 1978] for valid execution of an international will have been fulfilled. The authorize…

In the absence of evidence to the contrary, the certificate of the authorized person is conclusive of the formal validity of the instrument as a will under Sections 45-2-1101 through 45-2-1110 NMSA 1978 [45-2-1001 to 45-2-1010 NMSA 1978]. The absence or irregularity of a certific…

An international will is subject to the ordinary rules of revocation of wills. History: 1978 Comp., § 45-2-1107, enacted by Laws 1992, ch. 66, § 13; recompiled as 1978 Comp., § 45-2-1007 by Laws 1993, ch. 174, § 67.

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 [45-2-1…

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…

A. Any part of a decedent's estate not effectively disposed of by will passes by intestate succession to the decedent's heirs as prescribed in the Uniform Probate Code, except as modified by the decedent's will. B. A decedent by will may expressly exclude or limit the right of an…

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 m…

The intestate share of the surviving spouse is determined as follows: A. as to separate property: (1) if there is no surviving issue of the decedent, the entire intestate estate; or (2) if there is surviving issue of the decedent, one-fourth of the intestate estate; and B. as to …

A. Any part of the intestate estate not passing to a decedent's surviving spouse pursuant to Section 45-2-102 NMSA 1978, or the entire intestate estate if there is no surviving spouse, passes in the following order to the individuals who survive the decedent: (1) to the decedent'…

individual in gestation. A. For purposes of intestate succession and allowances, and except as otherwise provided in Subsection B of this section, the following rules apply: (1) an individual born before a decedent's death who fails to survive the decedent by one hundred twenty h…

If there is no taker under the provisions of Chapter 45, Article 2 NMSA 1978, the intestate estate passes to the state. History: 1953 Comp., § 32A-2-105, enacted by Laws 1975, ch. 257, § 2-105; 1993, ch. 174, § 8.

A. As used in this section: (1) "deceased descendant", "deceased parent" or "deceased grandparent" means a descendant, parent or grandparent who either predeceased the decedent or is deemed to have predeceased the decedent pursuant to Section 45-2-104 NMSA 1978; and (2) "survivin…

Relatives of the half blood inherit the same share they would inherit if they were of the whole blood. History: 1953 Comp., § 32A-2-107, enacted by Laws 1975, ch. 257, § 2-107.

History: 1953 Comp., § 32A-2-108, enacted by Laws 1975, ch. 257, § 2-108; repealed and reenacted by Laws 1993, ch. 174, § 10; repealed by Laws 2011, ch. 124, § 97.

A. If an individual dies intestate as to all or a portion of his estate, property the decedent gave during the decedent's lifetime to an individual who, at the decedent's death, is an heir is treated as an advancement against the heir's intestate share only if: (1) the decedent d…