2021 New Mexico Statutes
Chapter 45 - Uniform Probate Code
Article 3 - Probate of Wills and Administration
Part 6 - PERSONAL REPRESENTATIVE; APPOINTMENT, CONTROL AND TERMINATION OF AUTHORITY
Section 45-3-601 - Qualification.

Prior to receiving letters, a personal representative shall qualify by filing with the appointing probate court or district court any required bond and a statement of acceptance of the duties of the office.

History: 1953 Comp., § 32A-3-601, enacted by Laws 1975, ch. 257, § 3-601.

Official comments. — See Commissioners on Uniform State Law official comment to 3-601 UPC.

Compiler's notes. — This section includes within its scope some of the functions of former 31-1-17, 1953 Comp.

Cross references. — For bond requirements, see 45-3-603 NMSA 1978.

Executor without power until bond given. — An executor is without power to act as such until he has given bond required by the statute, unless bond was waived by the testator. Amberson v. Candler, 1913-NMSC-007, 17 N.M. 455, 130 P. 255 (decided under former law).

Oath subsequent to grant of letters. — Where letters of administration are granted to an executrix on the condition that she be duly sworn first and the date of the oath is subsequent to that of the letters, the statute of nonclaim runs from the date of the oath. Brickley v. Spence, 1928-NMSC-013, 33 N.M. 248, 264 P. 959 (decided under former law).

Am. Jur. 2d, A.L.R. and C.J.S. references. — 31 Am. Jur. 2d Executors and Administrators §§ 263, 271 to 366, 1161 to 1167.

Liability of sureties on bond of administratrix who secures her appointment by misrepresenting the decedent's identity or her relationship to him, 9 A.L.R. 1138.

Acts or omissions in respect of cause of action for death, or the funds received on that account, as within coverage of bond of executor or administrator, 68 A.L.R. 1543.

Liability of sureties on bond of guardian, executor, administrator or trustee for defalcation or deficit occurring before bond was given, 82 A.L.R. 585.

Delay of executor or administrator in completing administration as affecting liability on bond, 85 A.L.R. 440.

Liability of sureties on bond of executor or administrator in respect of proceeds of sale of real property under testamentary direction or power, 91 A.L.R. 943.

Liability of guardian or his surety as affected by agreement by which he limits his control over funds or investments, 102 A.L.R. 1108.

Accounting by guardian, executor, administrator or trustee as a necessary condition of action on his bond, 119 A.L.R. 83.

Official bond of executor, administrator, guardian or trustee as covering appeal taken by him, 132 A.L.R. 1280.

Adverse interest or position as disqualification for appointment of administrator, executor, or other personal representative, 11 A.L.R.4th 638.

33 C.J.S. Executors and Administrators §§ 66, 67.