2006 New Mexico Statutes - 45-3-611 — Termination of appointment by removal; cause; procedure.

45-3-611. Termination of appointment by removal; cause; procedure.

A.     Any interested person may petition for removal of a personal representative for cause at any time. Upon filing of the petition, the district court shall fix a time and place for hearing. Notice shall be given by the petitioner to the personal representative, and to such other persons as the district court may direct. Except as otherwise ordered as provided in Section 3-607 [ 45-3-607 NMSA 1978], after receipt of notice of removal proceedings, the personal representative shall not act except to account, to correct maladministration or preserve the estate. If removal is ordered, the district court also shall direct by order the disposition of the assets remaining in the name of, or under the control of, the personal representative being removed.   

B.     Cause for removal exists when:   

(1)     removal would be in the best interests of the estate;   

(2)     it is shown that a personal representative or the person seeking his appointment intentionally misrepresented material facts in the proceedings leading to his appointment;   

(3)     the personal representative has disregarded an order of the district court;   

(4)     the personal representative has become incapable of discharging the duties of his office;   

(5)     the personal representative has mismanaged the estate; or   

(6)     the personal representative failed to perform any duty pertaining to the office.   

C.     Unless the decedent's will directs otherwise, a personal representative appointed at the decedent's domicile, incident to securing appointment of himself or his nominee as ancillary personal representative, may obtain removal of another who was appointed personal representative in New Mexico to administer local assets.