2018 New Mexico Statutes
Chapter 45 - Uniform Probate Code
Article 4 - Foreign Personal Representatives; Ancillary Administration
Section 45-4-101 - Definitions.
In Sections 4-101 through 4-401 [45-4-101 through 45-4-401 NMSA 1978]:
A. "local administration" means administration by a personal representative appointed in New Mexico pursuant to appointment proceedings described in Sections 3-101 through 3-1204 [45-3-101 through 45-3-1204 NMSA 1978];
B. "local personal representative" includes any personal representative appointed in New Mexico pursuant to appointment proceedings described in Sections 3-101 through 3-1204 [45-3-101 through 45-3-1204 NMSA 1978] and excludes foreign personal representatives who acquire the power of a local personal representative pursuant to Section 4-205 [45-4-205 NMSA 1978]; and
C. "resident creditor" means a person domiciled in or doing business in New Mexico, who is, or could be, a claimant against an estate of a nonresident decedent.
History: 1953 Comp., § 32A-4-101, enacted by Laws 1975, ch. 257, § 4-101.
Official comments. — See Commissioners on Uniform State Law official comment to 4-101 UPC.
Legislative intent. — The legislature enacted the ancillary probate system to provide a way to assure that a will is valid and that an executor proceeds according to law. Allen v. Amoco Prod. Co., 1992-NMCA-054, 114 N.M. 18, 833 P.2d 1199.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 31 Am. Jur. 2d Executors and Administrators § 1169.
What constitutes estate of nonresident decedent within statute providing for local ancillary administration where decedent died leaving an estate in jurisdiction, 34 A.L.R.2d 1270.
Right of foreign personal representative or guardian to vote stock owned by estate or ward, 41 A.L.R.2d 1082.
Right of nonresident surviving spouse or minor children to allowance of property exempt from administration or to family allowance from local estate of nonresident decedent, 51 A.L.R.2d 1026.
Capacity of local or foreign personal representative to maintain action for death under foreign statute providing for action by personal representative, 52 A.L.R.2d 1016.
Capacity of foreign domiciliary or of ancillary personal representative to maintain action for death under statute of forum providing for action by personal representative, 52 A.L.R.2d 1048.
Applications of rule permitting courts to exercise jurisdiction over equity actions against foreign personal representatives where there are assets within forum, 53 A.L.R.2d 323.
State statutes or rules of court conferring in personam jurisdiction over nonresidents on the basis of isolated acts or transactions within state as applicable to personal representative of deceased nonresident, 19 A.L.R.3d 171.
34 C.J.S. Executors and Administrators § 988.
