2020 New Mexico Statutes
Chapter 45 - Uniform Probate Code
Article 3 - Probate of Wills and Administration
Part 1 - GENERAL PROVISIONS
Section 45-3-105 - Proceedings affecting devolution and administration.
Persons interested in decedents' estates may apply to the probate court for determination in the informal proceedings provided in Sections 3-101 through 3-1204 [45-3-101 to 45-3-1204 NMSA 1978], and may petition the district court for orders in formal proceedings within its jurisdiction.
History: 1953 Comp., § 32A-3-105, enacted by Laws 1975, ch. 257, § 3-105.
ANNOTATIONSCross references. — For interested person's demand for notice in decedent's estate proceedings, see 45-3-204 NMSA 1978.
For interested person's right to demand bond for personal representative, see 45-3-605 NMSA 1978.
For protective proceedings, see 45-5-406 NMSA 1978.
For bond for conservator, see 45-5-416 NMSA 1978.
Effect of request for formal proceeding. — Where a distributee has requested, and the personal representative has agreed to, adjudication of the distributee's share of estate assets in a formal proceeding, and neither the parties nor the district court have agreed to or ordered any change in the nature of the proceeding, procedures provided by Subsection C of 45-3-906 NMSA 1978, relating to proposals for distribution in informal proceedings, are inapplicable. Estates of Brown v. Dickinson, 2000-NMCA-030, 128 N.M. 825, 999 P.2d 1057.
