2021 New Mexico Statutes
Chapter 45 - Uniform Probate Code
Article 3 - Probate of Wills and Administration
Section 45-3-309 - Informal appointment proceedings; court not satisfied.

Universal Citation: NM Stat § 45-3-309 (2021)

The probate or the district court may decline an application for informal appointment of a personal representative for any reason. A declination of informal appointment is not an adjudication and does not preclude appointment in formal proceedings.

History: 1953 Comp., § 32A-3-309, enacted by Laws 1975, ch. 257, § 3-309; 1978, ch. 159, § 10; 2011, ch. 124, § 45.


Official comments.See Commissioners on Uniform State Law official comment to 3-309 UPC.

The 2011 amendment, effective January 1, 2012, provided that the court may deny an application for an informal appointment of a personal representative.

Am. Jur. 2d, A.L.R. and C.J.S. references. — Power of court to refuse letters testamentary to one named in will as executor, absent specific statutory disqualification, 95 A.L.R. 828.

Judgment or order in connection with appointment of executor or administrator as res judicata, as law of the case, or as evidence, on questions other than the validity of the appointment, 119 A.L.R. 594.

33 C.J.S. Executors and Administrators § 63.

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