NOTICE, PARTIES AND REPRESENTATION IN ESTATE LITIGATION AND OTHER MATTERS

NMSA 1978 ch. 45, art. 1, pt. 4

in effect

NMSA 1978, § 45-1-401 Notice; method and time of giving

45-1-401. Notice; method and time of giving A. If notice of a hearing on any petition is required and except for specific notice requirements as otherwise provided, the petitioner shall cause notice of the time and place of hearing of any petition to be given to any interested person or, if the interested person is represented by an attorney, to the attorney. Notice shall be given: (1) by mailing a copy thereof at least fourteen days before the time set for the hearing by certified, registered or ordinary first class mail addressed to the person being notified at the post office address given in the demand for notice, if any, or at the person's office or place of residence, if known; (2) by service of a copy thereof upon the person being notified in the manner provided by the rules of civil procedure for service of summons and complaint in civil actions; or (3) if the address or identity of any person is not known and cannot be ascertained with reasonable diligence, by publishing a copy thereof once a week for three consecutive weeks in a newspaper of general circulation in the county in which the hearing is to be held, the last publication of which is to be at least ten days before the time set for the hearing. B. The court for good cause shown may provide for a different method or time of giving notice for a hearing. C. Proof of the giving of notice shall be made on or before the hearing and filed in the proceeding. 1953 Comp., § 32A-1-401, enacted by Laws 1975, ch. 257, § 1-401; 2016, ch. 69, § 702.

NMSA 1978, § 45-1-402 Notice; waiver

45-1-402. Notice; waiver A person, including a guardian ad litem, conservator or other fiduciary, may waive notice either by a writing signed by the person and filed in the proceeding or by appearance in the proceeding. A person for whom a guardianship or other protective order is sought or a protected person may not waive notice. 1953 Comp., § 32A-1-402, enacted by Laws 1975, ch. 257, § 1-402; 1995, ch. 210, § 3; 2009, ch. 159, § 23.

NMSA 1978, § 45-1-403 Pleadings

45-1-403. Pleadings In formal proceedings involving trusts, or estates of decedents, minors, protected persons or incapacitated persons, and in judicially supervised settlements, interests to be affected shall be described in pleadings that give reasonable information to owners by name or class, by reference to the instrument creating the interests or in another appropriate manner. 1953 Comp., § 32A-1-403, enacted by Laws 1975, ch. 257, § 1-403; 2009, ch. 159, § 24; 2011, ch. 124, § 9; 2016, ch. 69, § 703.

NMSA 1978, § 45-1-403.1 Representation; basic effect

45-1-403.1. Representation; basic effect A. Notice to a person who may represent and bind another person pursuant to the provisions of Chapter 45 NMSA 1978 has the same effect as if notice were given directly to the other person. B. The consent of a person who may represent and bind another person pursuant to the provisions of Chapter 45 NMSA 1978 is binding on the person represented unless the person represented objects to the representation before the consent would otherwise have become effective. C. Except as otherwise provided in Sections 46A-4-411 and 46A-6-602 NMSA 1978, a person who, pursuant to the provisions of Chapter 45 NMSA 1978, may represent a settlor who lacks capacity, may receive notice and give a binding consent on the settlor's behalf. D. A settlor shall not represent or bind a beneficiary pursuant to the provisions of Chapter 45 NMSA 1978 with respect to the termination or modification of a trust under Subsection A of Section 46A-4-411 NMSA 1978. 1978 Comp., § 45-1-403.1, enacted by Laws 2016, ch. 69, § 704.

NMSA 1978, § 45-1-403.2 Representation by holder of general testamentary power of appointment

45-1-403.2. Representation by holder of general testamentary power of appointment To the extent there is no conflict of interest between the holder of a general testamentary power of appointment and the persons represented with respect to the particular question or dispute, the holder may represent and bind persons whose interests, as permissible appointees, takers in default or otherwise, are subject to the power. 1978 Comp., § 45-1-403.2, enacted by Laws 2016, ch. 69, § 705.

NMSA 1978, § 45-1-403.3 Representation by fiduciaries and parents

45-1-403.3. Representation by fiduciaries and parents To the extent there is no conflict of interest between the representative and the person represented or among those being represented with respect to a particular question or dispute: A. a conservator may represent and bind the estate that the conservator controls; B. a guardian may represent and bind the protected person if a conservator of the protected person's estate has not been appointed; C. an agent having authority to act with respect to the particular question or dispute may represent and bind the principal; D. a trustee may represent and bind the beneficiaries of the trust; E. a personal representative of a decedent's estate may represent and bind persons interested in the estate; and F. a parent may represent and bind the parent's minor or unborn child if a conservator or guardian for the child has not been appointed. 1978 Comp., § 45-1-403.3, enacted by Laws 2016, ch. 69, § 706.

NMSA 1978, § 45-1-403.4 Representation by person having substantially identical interest

45-1-403.4. Representation by person having substantially identical interest Unless otherwise represented, a minor, incapacitated or unborn person, or a person whose identity or location is unknown and not reasonably ascertainable, may be represented by and bound by another having a substantially identical interest with respect to the particular question or dispute, but only to the extent that there is no conflict of interest between the representative and the person represented. 1978 Comp., § 45-1-403.4, enacted by Laws 2016, ch. 69, § 707.

NMSA 1978, § 45-1-403.5 Appointment of representative

45-1-403.5. Appointment of representative A. If the court determines that an interest is not represented under Chapter 45 NMSA 1978, or that the otherwise available representation might be inadequate, the court may appoint a representative to receive notice, give consent and otherwise represent, bind and act on behalf of a minor, incapacitated or unborn person, or a person whose identity or location is unknown. A representative may be appointed to represent several persons or interests. B. A representative may act on behalf of the person represented with respect to any matter arising under the Uniform Probate Code, whether or not a judicial proceeding concerning the estate is pending. C. In making decisions, a representative may consider the general benefit accruing to the living members of the person's family. 1978 Comp., § 45-1-403.5, enacted by Laws 2016, ch. 69, § 708.

NMSA 1978, § 45-1-404 Real property outside county of administration; notice required; contents; effect

45-1-404. Real property outside county of administration; notice required; contents; effect A. If real property is included in an estate and is situate in a county other than the county wherein the estate is being administered, the personal representative shall, or any other interested person may, record with the county clerk of the other county a notice of administration setting forth: (1) the name of the decedent; (2) the title and docket number of the administration proceedings; (3) a description of the type of administration; (4) the court wherein instituted; (5) the name, address and title of the personal representative; and (6) a complete description of the real property situate in such county. B. The recorded notice shall constitute full and complete notice of all proceedings had, and to be had, in the administration proceedings, and it shall not be necessary to file or record in the county where the real property is located any other instruments or records relating to the administration of the estate. 1953 Comp., § 32A-1-404, enacted by Laws 1975, ch. 257, § 1-404.

Source: New Mexico Compilation Commission (nmonesource.com)URL: https://nmonesource.com/nmos/nmsa-unanno/en/item/18546/index.doFetched: 10/20/2026