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 45-3-609 - Termination of appointment; death or disability.

A. The death of a personal representative, or the appointment of a conservator for the estate of a personal representative, terminates his appointment.

B. Termination by death or appointment of a conservator imposes upon the personal representative of the deceased personal representative, or the conservator appointed for a living personal representative, the duty to protect the estate which has been possessed or is being administered by the personal representative at the time of his termination, and confers the power to perform acts necessary to protect the estate and account for, and deliver the assets to, a successor personal representative or special administrator upon his appointment and qualification.

History: 1953 Comp., § 32A-3-609, enacted by Laws 1975, ch. 257, § 3-609.

Official comments. — See Commissioners on Uniform State Law official comment to 3-609 UPC.

Duties of successor personal representative. — Following the death of a personal representative, his personal representative succeeds to the same fiduciary responsibility that the deceased had, as well as to the duty to render to the successor personal representative of the first estate any property, funds or assets contained in the first representative's estate which belong to the estate being administered by the personal representative at the time of his death. Bowman v. Butler, 1982-NMCA-108, 98 N.M. 357, 648 P.2d 815.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 33 C.J.S. Executors and Administrators §§ 78, 81; 34 C.J.S. Executors and Administrators §§ 1039, 1048.