2018 New Mexico Statutes
Chapter 45 - Uniform Probate Code
Article 4 - Foreign Personal Representatives; Ancillary Administration
Section 45-4-301 - Jurisdiction by act of foreign personal representative.

Universal Citation: NM Stat § 45-4-301 (2018)
45-4-301. Jurisdiction by act of foreign personal representative.

A. A foreign personal representative submits personally to the jurisdiction of the courts of New Mexico in any proceeding relating to the estate by:

(1) filing the documents and statement as provided in Section 4-204 [45-4-204 NMSA 1978];

(2) receiving payment of money or taking delivery of personal property under Section 4-201 [45-4-201 NMSA 1978]; or

(3) doing any act as a personal representative in New Mexico which would have given the state jurisdiction over him as an individual.

B. Jurisdiction under Paragraph (2) of Subsection A of this section is limited to the money or value of personal property collected.

History: 1953 Comp., § 32A-4-301, enacted by Laws 1975, ch. 257, § 4-301.


Official comments.See Commissioners on Uniform State Law official comment to 4-301 UPC.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 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.

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