2018 New Mexico Statutes
Chapter 45 - Uniform Probate Code
Article 4 - Foreign Personal Representatives; Ancillary Administration
Section 45-4-302 - Jurisdiction by act of decedent.

Universal Citation: NM Stat § 45-4-302 (2018)
45-4-302. Jurisdiction by act of decedent.

In addition to jurisdiction conferred by Section 4-301 [45-4-301 NMSA 1978], a foreign personal representative is subject to the jurisdiction of the courts of New Mexico to the same extent that his decedent was subject to jurisdiction immediately prior to death.

History: 1953 Comp., § 32A-4-302, enacted by Laws 1975, ch. 257, § 4-302.


Compiler's notes. — This section includes within its scope some of the functions of former 31-2-5 and 31-2-9, 1953 Comp.

Generally. — The generally accepted rule, absent exceptional circumstances, is that the personal representative of a decedent cannot be sued in an action at law in a state other than that of his appointment, unless ancillary letters of administration have issued. State ex rel. Scott v. Zinn, 1964-NMSC-105, 74 N.M. 224, 392 P.2d 417 (decided under former law).

Texas administrator not liable in New Mexico for Colorado tort. — The administrator of an estate in Texas is not subject to suit at law in New Mexico for the alleged torts of his decedent in Colorado. State ex rel. Scott v. Zinn, 1964-NMSC-105, 74 N.M. 224, 392 P.2d 417 (decided under former law).

Am. Jur. 2d, A.L.R. and C.J.S. references. — 34 C.J.S. Executors and Administrators § 1012.

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