Judicial Proceedings

NMSA 1978 ch. 46A, art. 2

in effect

NMSA 1978, § 46A-2-201 Role of court in administration of trust

46A-2-201. Role of court in administration of trust A. The court may intervene in the administration of a trust to the extent its jurisdiction is invoked by an interested person or as provided by law. B. A trust is not subject to continuing judicial supervision unless ordered by the court. C. A judicial proceeding involving a trust may relate to any matter involving the trust's administration, including a request for instructions and an action to declare rights. Laws 2003, ch. 122, § 2 -201.

NMSA 1978, § 46A-2-202 Jurisdiction over trustee and beneficiary

46A-2-202. Jurisdiction over trustee and beneficiary A. By accepting the trusteeship of a trust having its principal place of administration in this state or by moving the principal place of administration to this state, the trustee submits personally to the jurisdiction of the courts of this state regarding any matter involving the trust. B. With respect to their interests in the trust, the beneficiaries of a trust having its principal place of administration in this state are subject to the jurisdiction of the courts of this state regarding any matter involving the trust. By accepting a distribution from such a trust, the recipient submits personally to the jurisdiction of the courts of this state regarding any matter involving the trust. C. This section does not preclude other methods of obtaining jurisdiction over a trustee, beneficiary or other person receiving property from the trust. Laws 2003, ch. 122, § 2 -202.

NMSA 1978, § 46A-2-203 Subject-matter jurisdiction

46A-2-203. Subject-matter jurisdiction The district court has exclusive jurisdiction of all proceedings involving a trust. Laws 2003, ch. 122, § 2 -203; 2007, ch. 128, § 7.

NMSA 1978, § 46A-2-204 Venue

46A-2-204. Venue A. Except as otherwise provided in Subsection B of this section, venue for a judicial proceeding involving a trust is in the county of New Mexico in which the trust's principal place of administration is or will be located or, if the trust is created by will and the estate is not yet closed, in the county in which the decedent's estate is being administered. B. If a trust has no trustee, venue for a judicial proceeding for the appointment of a trustee is in a county of New Mexico in which a beneficiary resides, in a county in which any trust property is located or, if the trust is created by will, in the county in which the decedent's estate was or is being administered. Laws 2007, ch. 128, § 8.

Source: New Mexico Compilation Commission (nmonesource.com)URL: https://nmonesource.com/nmos/nmsa-unanno/en/item/18548/index.doFetched: 10/20/2026