2023 New Mexico Statutes
Chapter 45 - Uniform Probate Code
Article 3 - Probate of Wills and Administration
Section 45-3-413 - Formal testacy proceedings; vacation of order for other cause.

Universal Citation: NM Stat § 45-3-413 (2023)

For good cause shown, an order in a formal testacy proceeding may be modified or vacated within the time allowed for appeal as provided by the Rules Governing Appeals to the Supreme Court and Court of Appeals and Original Proceedings in the Supreme Court [12-101 NMRA].

History: 1953 Comp., § 32A-3-413, enacted by Laws 1975, ch. 257, § 3-413.


Official comments.See Commissioners on Uniform State Law official comment to 3-413 UPC.

Where time for appealing formal testacy order had run, the distribution of the estate was res judicata absent fraud or jurisdictional error. In re Estate of Kemnitz, 1981-NMCA-013, 95 N.M. 513, 623 P.2d 1027.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 80 Am. Jur. 2d Wills § 1063.

95 C.J.S. Wills § 502.

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