2018 New Mexico Statutes
Chapter 45 - Uniform Probate Code
Article 3 - Probate of Wills and Administration
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.

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.