2019 New Mexico Statutes
Chapter 7 - Taxation
Article 7 - Estate Tax
Section 7-7-9 - Administration not applied for; application or waiver by the department.
A. If no person interested in the estate of a decedent applies for letters testamentary or of administration within thirty days after the death of the decedent, the department may apply to the probate court having jurisdiction for the appointment of an administrator and after a hearing, the probate court shall appoint an administrator of the estate of the decedent.
B. If the administration of the estate of a decedent is not necessary, the department may waive administration. The department shall not waive administration until the taxes due under the Estate Tax Act [7-7-1 to 7-7-12 NMSA 1978] are paid.
History: 1953 Comp., § 72-33-9, enacted by Laws 1973, ch. 345, § 9; 1989, ch. 122, § 6.
ANNOTATIONSCross references. — For court having jurisdiction, see 45-1-303 and 45-3-201 NMSA 1978.
The 1989 amendment, effective June 16, 1989, substituted "the department" for "bureau" in the catchline, and substituted "department" for "bureau" throughout the section.
Am. Jur. 2d, A.L.R. and C.J.S. references. — Dispensing with, or revoking grant of, administration of decedent's estate on ground that administration is not necessary, 70 A.L.R. 386.
85 C.J.S. Taxation § 1896 to 1897.
