2017 New Mexico Statutes
Chapter 45 - Uniform Probate Code
Article 3 - Probate of Wills and Administration
Part 9 - SPECIAL PROVISIONS RELATING TO DISTRIBUTION
Section 45-3-911 - Partition for purpose of distribution.
45-3-911. Partition for purpose of distribution.
A. When two or more heirs or devisees are entitled to distribution of undivided interests in any real or personal property of the estate, the personal representative or one or more of the heirs or devisees may petition the district court prior to the formal or informal closing of the estate, to make partition.
B. After notice to the interested heirs or devisees, the district court shall partition the property.
C. The district court may direct the personal representative to sell any property which cannot be partitioned without prejudice to the interested heirs and devisees and which cannot conveniently be allotted to any one party.
History: 1953 Comp., 32A-3-911, enacted by Laws 1975, ch. 257, 3-911.
45-3-911. Partition for purpose of distribution. (Effective January 1, 2018.)
A. When two or more heirs or devisees are entitled to distribution of undivided interests in any real or personal property of the estate, the personal representative or one or more of the heirs or devisees may petition the district court prior to the formal or informal closing of the estate to make partition.
B. After notice to the interested heirs or devisees, the district court shall partition the property pursuant to the provisions of the Uniform Partition of Heirs Property Act [42-5A-1 through 42-5A-13 NMSA 1978].
C. The district court may direct the personal representative to sell any property pursuant to the provisions of the Uniform Partition of Heirs Property Act.
History: 1953 Comp., 32A-3-911, enacted by Laws 1975, ch. 257, 3-911; 2017, ch. 41, 19.
