2018 New Mexico Statutes
Chapter 45 - Uniform Probate Code
Article 4 - Foreign Personal Representatives; Ancillary Administration
Section 45-4-205 - Powers.

Universal Citation: NM Stat § 45-4-205 (2018)
45-4-205. Powers.

A domiciliary foreign personal representative who has complied with Section 4-204 [45-4-204 NMSA 1978] may exercise as to assets in New Mexico all powers of a local personal representative and may maintain actions and proceedings in New Mexico subject to any conditions imposed upon nonresident parties generally.

History: 1953 Comp., § 32A-4-205, enacted by Laws 1975, ch. 257, § 4-205.


Compiler's notes. — This section includes within its scope some of the functions of former 31-2-5 and 31-2-8, 1953 Comp.

Jurisdiction where multiple nonresident representatives. — An action by a Colorado domiciliary executor against a New Mexico ancillary administrator to enforce an accounting was properly dismissed by a federal court because the New Mexico court had exclusive jurisdiction under former 16-4-10, 1953 Comp., of the estate in New Mexico and was the proper forum in which to bring the administrator to account for any money due the estate. Patterson v. Wynkoop, 329 F.2d 59 (10th Cir. 1964) (decided under former law).

Discretion not abused in refusing to transmit distribution to California. — Where more than enough money had been collected in California by decedent's widow as domiciliary administratrix to satisfy and discharge all unpaid, approved claims which had priority over the family allowance under California law, even though she had consumed the moneys collected in payment of the family allowance, and left the preferred claims unsatisfied, there was no abuse of discretion on the part of the New Mexico trial court in refusing to transmit surplus funds for distribution in California. Anderson v. Minton, 1948-NMSC-063, 52 N.M. 393, 200 P.2d 361 (decided under former law).

Am. Jur. 2d, A.L.R. and C.J.S. references. — 34 C.J.S. Executors and Administrators § 998.

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