2021 New Mexico Statutes
Chapter 45 - Uniform Probate Code
Article 3 - Probate of Wills and Administration
Part 1 - GENERAL PROVISIONS
Section 45-3-102 - Necessity of order of probate for will.
Except as provided in Sections 45-3-1201, 45-3-1205 and 45-3-1301 NMSA 1978, to be effective to prove the transfer of any property or to nominate a personal representative, a will must be declared to be valid by an order of informal probate by the probate court or an adjudication of probate by the district court.
History: 1953 Comp., § 32A-3-102, enacted by Laws 1975, ch. 257, § 3-102; 1995, ch. 210, § 31; 2005, ch. 143, § 1.
ANNOTATIONSCross references. — For execution and formalities of attested wills, see 45-2-502 NMSA 1978.
For self-proved wills, see 45-2-504 NMSA 1978.
The 2005 amendment, effective July 1, 2005, expanded the exception to include Sections 45-3-1205 and 45-3-1301 NMSA 1978.
The 1995 amendment, effective July 1, 1995, substituted "Section 45-3-1201 NMSA 1978" for "Section 3-1201" and deleted the former second sentence, relating to admission as evidence of a devise of a duly executed and unrevoked will which has not been probated.
Passage of real and personal property distinguished. — Real estate of a decedent passes directly to the heirs or devisees and does not pass to the executor or administrator. With personal property the rule is otherwise, and before title passes there must be due administration followed by a determination of heirship and an order of distribution. Clovis Nat'l Bank v. Callaway, 1961-NMSC-129, 69 N.M. 119, 364 P.2d 748 (decided under prior law).
Am. Jur. 2d, A.L.R. and C.J.S. references. — 79 Am. Jur. 2d Wills § 227.
Relation back of probate of will in support of title or rights of persons claiming under or through devisee, 48 A.L.R. 1035.
Right to probate subsequently discovered will as affected by completed prior proceedings in intestate administration, 2 A.L.R.4th 1315.
95 C.J.S. Wills § 310.
