SUPERVISED ADMINISTRATION

NMSA 1978 ch. 45, art. 3, pt. 5

in effect

NMSA 1978, § 45-3-501 Supervised administration; nature of proceeding

45-3-501. Supervised administration; nature of proceeding A. Supervised administration is a single in rem proceeding to secure complete administration and settlement of a decedent's estate under the continuing authority of the district court which extends until entry of an order approving distribution of the estate and discharging the personal representative or other order terminating the proceeding. B. A supervised personal representative is responsible to the district court, as well as to the interested persons, and is subject to directions concerning the estate made by the district court on its own motion or on the motion of any interested person. C. Except as otherwise provided in Sections 3-501 through 3-505 [45-3-501 to 45-3-505 NMSA 1978], or as otherwise ordered by the district court, a supervised personal representative has the same duties and powers as a personal representative who is not supervised. 1953 Comp., § 32A-3-501, enacted by Laws 1975, ch. 257, § 3-501.

NMSA 1978, § 45-3-502 Supervised administration; petition; order

45-3-502. Supervised administration; petition; order A. A petition for supervised administration may be filed by any interested person at any time or the request for supervised administration may be joined with a petition in a testacy or appointment proceeding. If the testacy of the decedent and the priority and qualification of any personal representative have not been adjudicated previously, the petition for supervised administration shall include the matters required of a petition in a formal testacy proceeding and the notice requirements and procedures applicable to a formal testacy proceeding apply. If not previously adjudicated, the district court shall adjudicate the testacy of the decedent and questions relating to the priority and qualifications of the personal representative in any case involving a request for supervised administration, even though the request for supervised administration may be denied. B. After notice to interested persons, the district court shall order supervised administration of a decedent's estate: (1) if the decedent's will directs supervised administration, unless the district court finds that circumstances bearing on the need for supervised administration have changed since the execution of the will and that there is no necessity for supervised administration; (2) if the decedent's will directs unsupervised administration, only upon a finding that supervised administration is necessary for protection of persons interested in the estate; or (3) in other cases if the district court finds that supervised administration is necessary under the circumstances. 1953 Comp., § 32A-3-502, enacted by Laws 1975, ch. 257, § 3-502.

NMSA 1978, § 45-3-503 Supervised administration; effect on other proceedings

45-3-503. Supervised administration; effect on other proceedings A. The pendency of a proceeding for supervised administration of a decedent's estate stays action on any informal application then pending or thereafter filed. B. If a will has been previously probated in informal proceedings, the effect of the filing of a petition for supervised administration is as provided for formal testacy proceedings by Section 3-401 [45-3-401 NMSA 1978]. C. After he has received notice of the filing of a petition for supervised administration, a personal representative who has been appointed previously shall not exercise his power to distribute any estate. The filing of the petition does not affect his other powers and duties unless the district court restricts the exercise of any of them pending full hearing on the petition. 1953 Comp., § 32A-3-503, enacted by Laws 1975, ch. 257, § 3-503.

NMSA 1978, § 45-3-504 Supervised administration; powers of personal representative

45-3-504. Supervised administration; powers of personal representative Unless restricted by the district court, a supervised personal representative has, without interim orders approving exercise of a power, all powers of personal representatives under the [Uniform] Probate Code, but he shall not exercise his power to make any distribution of the estate without prior order of the district court. Any other restriction on the power of a personal representative which may be ordered by the district court must be endorsed on his letters of appointment and, unless so endorsed, is ineffective as to persons dealing in good faith with the personal representative. 1953 Comp., § 32A-3-504, enacted by Laws 1975, ch. 257, § 3-504.

NMSA 1978, § 45-3-505 Supervised administration; interim orders; distribution and closing orders

45-3-505. Supervised administration; interim orders; distribution and closing orders A. Unless otherwise ordered by the district court, supervised administration is terminated by order in accordance with time restrictions, notices and contents of orders prescribed for proceedings under Section 3-1001 [45-3-1001 NMSA 1978]. B. Interim orders approving or directing partial distributions or granting other relief may be issued by the district court at any time during the pendency of a supervised administration on the application of the personal representative or any interested person. C. A supervised personal representative shall file an account with the district court not less than annually during his administration and, on closing, shall file a final account to be approved under Section 3-1001 [45-3-1001 NMSA 1978]. The supervised personal representative shall also account to the district court on resignation or removal. D. In connection with any account, the district court may require the supervised personal representative to submit to a physical check of the estate in his control, to be made in any manner the court may specify. 1953 Comp., § 32A-3-505, enacted by Laws 1975, ch. 257, § 3-505.

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