2018 New Mexico Statutes
Chapter 45 - Uniform Probate Code
Article 4 - Foreign Personal Representatives; Ancillary Administration
Section 45-4-206 - Power of representatives in transition.

Universal Citation: NM Stat § 45-4-206 (2018)
45-4-206. Power of representatives in transition.

A. The power of a domiciliary foreign personal representative under Section 4-201 [45-4-201 NMSA 1978] or 4-205 [45-4-205 NMSA 1978] shall be exercised only if there is no administration or application for administration pending in New Mexico. An application or petition for local administration of the estate terminates the power of the foreign personal representative to act under Section 4-205, but the district court may allow the foreign personal representative to exercise limited powers to preserve the estate.

B. No person who, before receiving actual notice of a pending local administration, has changed his position in reliance upon the powers of a foreign personal representative shall be prejudiced by reason of the application or petition for, or grant of, local administration.

C. The local personal representative is subject to all duties and obligations which have accrued by virtue of the exercise of the powers by the foreign personal representative and may be substituted for him in any action or proceedings in New Mexico.

History: 1953 Comp., § 32A-4-206, enacted by Laws 1975, ch. 257, § 4-206.


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

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