PERSONAL REPRESENTATIVE; APPOINTMENT, CONTROL AND TERMINATION OF AUTHORITY

NMSA 1978 ch. 45, art. 3, pt. 6

in effect

NMSA 1978, § 45-3-601 Qualification

45-3-601. Qualification Prior to receiving letters, a personal representative shall qualify by filing with the appointing probate court or district court any required bond and a statement of acceptance of the duties of the office. 1953 Comp., § 32A-3-601, enacted by Laws 1975, ch. 257, § 3-601.

NMSA 1978, § 45-3-602 Acceptance of appointment; consent to jurisdiction

45-3-602. Acceptance of appointment; consent to jurisdiction By accepting appointment, a personal representative submits personally to the jurisdiction of the court in any proceeding relating to the estate that may be instituted by any interested person. Notice of any proceeding shall be delivered to the personal representative or mailed to him at his address as listed in the application or petition for appointment or as thereafter reported to the court. 1953 Comp., § 32A-3-602, enacted by Laws 1975, ch. 257, § 3-602.

NMSA 1978, § 45-3-603 Bond requirements

45-3-603. Bond requirements A. No bond is required of a personal representative appointed in informal proceedings, except: (1) upon the appointment of a special administrator; (2) when a personal representative is appointed to administer an estate under a will containing an express requirement of bond; or (3) when bond is required under Section 3-605 [45-3-605 NMSA 1978]. B. Bond may be required by court order at the time of appointment of a personal representative appointed in any formal proceeding, except that bond is not required of a personal representative appointed in formal proceedings if the will relieves the personal representative of bond, unless bond has been requested by an interested person in accordance with Section 3-605 and the district court so orders. Bond required by any will may be dispensed with in formal proceedings upon determination by the district court that it is not necessary. C. No bond is required of any personal representative who, pursuant to statute, is exempt or has deposited cash or collateral with an agency of New Mexico to secure performance of his duties. 1953 Comp., § 32A-3-603, enacted by Laws 1975, ch. 257, § 3-603.

NMSA 1978, § 45-3-604 Bond amount; security; procedure; reduction

45-3-604. Bond amount; security; procedure; reduction A. If bond is required and the provisions of the will or order do not specify the amount, unless stated in his application or petition, the person qualifying shall file a statement under oath indicating his best estimate of the value of the personal estate of the decedent and of the income expected from the personal and real estate during the next year, and he shall execute and file a bond, or give other suitable security, in an amount no less than the estimate. The court shall determine that the bond is executed by a corporate surety, or one or more individual sureties, acceptable to the court. B. The court may permit the amount of the bond to be reduced by the value of assets of the estate deposited with a domestic financial institution, as defined in Section 6-101 [45-6-101 NMSA 1978], in a manner that prevents their unauthorized disposition. C. On petition of the personal representative or another interested person, the district court may: (1) excuse a requirement of bond; (2) increase or reduce the amount of the bond; (3) release sureties; or (4) permit the substitution of another bond with the same or different sureties. 1953 Comp., § 32A-3-604, enacted by Laws 1975, ch. 257, § 3-604.

NMSA 1978, § 45-3-605 Demand for bond by interested person

45-3-605. Demand for bond by interested person Any person apparently having an interest in the estate worth in excess of seven thousand five hundred dollars ($7,500), or any creditor having a claim in excess of seven thousand five hundred [dollars] ($7,500), may make a written demand that a personal representative give bond. The demand must be filed with the court and a copy mailed to the personal representative, if appointment and qualification have occurred. Thereafter, the personal representative shall post bond or petition the district court to determine the bond requirement. If bond is required, the requirement ceases if the person demanding bond ceases to be interested in the estate, or if bond is excused as provided in Sections 3-603 [45-3-603 NMSA 1978] or 3-604 [45-3-604 NMSA 1978]. After he has received notice and until the filing of the bond or cessation of the requirement of bond, the personal representative shall refrain from exercising any powers of his office except as necessary to preserve the estate. Failure of the personal representative to meet a bond requirement within thirty days is cause for his removal. 1953 Comp., § 32A-3-605, enacted by Laws 1975, ch. 257, § 3-605.

NMSA 1978, § 45-3-606 Terms and conditions of bonds

45-3-606. Terms and conditions of bonds A. The following requirements and provisions apply to any bond required by Sections 3-601 through 3-618 [45-3-601 to 45-3-618 NMSA 1978]: (1) bonds shall name New Mexico as obligee for the benefit of the interested persons in the estate and shall be conditioned upon the faithful discharge by the personal representative of all duties according to law; (2) unless otherwise provided by the terms of the approved bond, sureties are jointly and severally liable with the personal representative and with each other. The address of sureties shall be stated in the bond; (3) by executing an approved bond of a personal representative, the surety consents to the jurisdiction of the probate court or district court which issued letters to the primary obligor in any proceedings pertaining to the fiduciary duties of the personal representative and naming the surety as a party. Notice of any proceeding shall be delivered to the surety or mailed to him by registered or certified mail at his address as listed with the court where the bond is filed; (4) on petition of a successor personal representative, any other personal representative of the same decedent or any interested person, a proceeding in the district court may be initiated against a surety for breach of the obligation of the bond of the personal representative; and (5) the bond of the personal representative is not void after the first recovery but may be proceeded against from time to time until the whole penalty is exhausted. B. No action or proceeding may be commenced against the surety on any matter as to which an action or proceeding against the primary obligor is barred by adjudication or limitation. 1953 Comp., § 32A-3-606, enacted by Laws 1975, ch. 257, § 3-606.

NMSA 1978, § 45-3-607 Order restraining personal representative

45-3-607. Order restraining personal representative A. On petition of any person who appears to have an interest in the estate, the district court by temporary order may restrain a personal representative from performing specified acts of administration, disbursement or distribution, or exercise of any powers or discharge of any duties of his office, or make any other order to secure proper performance of his duty. Persons with whom the personal representative may transact business may be made parties. B. The matter shall be set for hearing within ten days. Notice shall be given to the personal representative and his attorney of record, if any, and to such other persons as the district court may direct. 1953 Comp., § 32A-3-607, enacted by Laws 1975, ch. 257, § 3-607.

NMSA 1978, § 45-3-608 Termination of appointment; general

45-3-608. Termination of appointment; general A. Termination of appointment of a personal representative occurs as indicated in Sections 3-609 through 3-612 [45-3-609 to 45-3-612 NMSA 1978]. Termination ends the right and power pertaining to the office of personal representative as conferred by the [Uniform] Probate Code or any will, except that a personal representative, at any time prior to distribution or until restrained or enjoined by district court order, may perform acts necessary to protect the estate and may deliver the assets to a successor representative. B. Termination does not discharge a personal representative from liability for transactions or omissions occurring before termination, or relieve him of the duty to preserve assets subject to his control, to account therefor and to deliver the assets. Termination does not affect the jurisdiction of the court over the personal representative, but terminates his authority to represent the estate in any pending or future proceeding. 1953 Comp., § 32A-3-608, enacted by Laws 1975, ch. 257, § 3-608.

NMSA 1978, § 45-3-609 Termination of appointment; death or disability

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

NMSA 1978, § 45-3-610 Termination of appointment; voluntary

45-3-610. Termination of appointment; voluntary A. An appointment of a personal representative terminates as provided in Section 3-1003 [45-3-1003 NMSA 1978], one year after the filing of a closing statement. B. An order closing an estate as provided in Sections 3-1001 [45-3-1001 NMSA 1978] or 3-1002 [45-3-1002 NMSA 1978] terminates an appointment of a personal representative. C. A personal representative may resign his position by filing a written statement of resignation with the court after he has given at least fifteen days written notice to the known interested persons. If the person resigning is a sole representative and if no one applies or petitions for appointment of a successor representative within the time indicated in the notice, the filed statement of resignation is ineffective as a termination of appointment and in any event is effective only upon the appointment and qualification of a successor representative and delivery of the assets to him. If the person resigning is a co-representative, such resignation is effective only upon delivery of the assets in his possession to any remaining co-representatives. 1953 Comp., § 32A-3-610, enacted by Laws 1975, ch. 257, § 3-610.

NMSA 1978, § 45-3-611 Termination of appointment by removal; cause; procedure

45-3-611. Termination of appointment by removal; cause; procedure A. Any interested person may petition for removal of a personal representative for cause at any time. Upon filing of the petition, the district court shall fix a time and place for hearing. Notice shall be given by the petitioner to the personal representative, and to such other persons as the district court may direct. Except as otherwise ordered as provided in Section 3-607 [45-3-607 NMSA 1978], after receipt of notice of removal proceedings, the personal representative shall not act except to account, to correct maladministration or preserve the estate. If removal is ordered, the district court also shall direct by order the disposition of the assets remaining in the name of, or under the control of, the personal representative being removed. B. Cause for removal exists when: (1) removal would be in the best interests of the estate; (2) it is shown that a personal representative or the person seeking his appointment intentionally misrepresented material facts in the proceedings leading to his appointment; (3) the personal representative has disregarded an order of the district court; (4) the personal representative has become incapable of discharging the duties of his office; (5) the personal representative has mismanaged the estate; or (6) the personal representative failed to perform any duty pertaining to the office. C. Unless the decedent's will directs otherwise, a personal representative appointed at the decedent's domicile, incident to securing appointment of himself or his nominee as ancillary personal representative, may obtain removal of another who was appointed personal representative in New Mexico to administer local assets. 1953 Comp., § 32A-3-611, enacted by Laws 1975, ch. 257, § 3-611.

NMSA 1978, § 45-3-612 Termination of appointment; change of testacy status

45-3-612. Termination of appointment; change of testacy status Except as otherwise ordered in formal proceedings, if a personal representative is appointed and then, at a later time, the will under which he is acting is invalidated or if a will is later proved, changing an assumption of intestacy under which the personal representative is acting, his office is not automatically terminated although his powers may be reduced as provided in Section 3-401 [45-3-401 NMSA 1978]. The personal representative's office terminates only on appointment of a new personal representative. If no new personal representative is sought, the existing personal representative can continue to act under the new testacy status. 1953 Comp., § 32A-3-612, enacted by Laws 1975, ch. 257, § 3-612.

NMSA 1978, § 45-3-613 Successor personal representative

45-3-613. Successor personal representative A. Sections 3-301 through 3-311 [45-3-301 to 45-3-311 NMSA 1978] and 3-401 through 3-414 [45-3-401 to 45-3-414 NMSA 1978] govern proceedings for appointment of a personal representative to succeed one whose appointment has been terminated. B. After appointment and qualification, a successor personal representative shall be substituted in all actions and proceedings to which the former personal representative was a party, and no notice, process or claim which was given or served upon the former personal representative need be given or served upon the successor in order to preserve any position or right the person giving the notice or filing the claim may thereby have obtained or preserved with reference to the former personal representative. C. Except as otherwise ordered by the district court, the successor personal representative has the powers and duties in respect to the continued administration which the former personal representative would have had if his appointment had not been terminated. 1953 Comp., § 32A-3-613, enacted by Laws 1975, ch. 257, § 3-613.

NMSA 1978, § 45-3-614 Special administrator; appointment

45-3-614. Special administrator; appointment A special administrator may be appointed: A. informally by the probate court on the application of any interested person when necessary to protect the estate of a decedent prior to the appointment of a general personal representative or if a prior appointment has been terminated by death or disability as provided in Section 3-609 [45-3-609 NMSA 1978]; or B. in a formal proceeding by order of the district court on the petition of any interested person and finding, after notice and hearing, that appointment is necessary to preserve the estate or to secure its proper administration including its administration in circumstances where a general personal representative cannot or should not act. If it appears to the district court that an emergency exists, appointment may be ordered without notice. 1953 Comp., § 32A-3-614, enacted by Laws 1975, ch. 257, § 3-614.

NMSA 1978, § 45-3-615 Special administrator; who may be appointed

45-3-615. Special administrator; who may be appointed A. If a special administrator is to be appointed pending the probate of a will which is the subject of a pending application or petition for probate, the person named personal representative in the will shall be appointed if available, and qualified. B. In all other cases, any proper person may be appointed special administrator. 1953 Comp., § 32A-3-615, enacted by Laws 1975, ch. 257, § 3-615.

NMSA 1978, § 45-3-616 Special administrator; appointed informally; powers and duties

45-3-616. Special administrator; appointed informally; powers and duties A special administrator appointed by the probate court in informal proceedings pursuant to Subsection A of Section 3-614 [45-3-614 NMSA 1978] has the duty to collect and manage the assets of the estate, to preserve them, to account for and to deliver such assets to the general personal representative upon his qualification. The special administrator appointed in informal proceedings has the power of a personal representative under the [Uniform] Probate Code necessary to perform his duties. 1953 Comp., § 32A-3-616, enacted by Laws 1975, ch. 257, § 3-616.

NMSA 1978, § 45-3-617 Special administrator; formal proceedings; powers and duties

45-3-617. Special administrator; formal proceedings; powers and duties A special administrator appointed by order of the district court in any formal proceeding has the power of a general personal representative except as limited in the appointment and duties as prescribed in the order. The appointment may be for a specified time, or to perform particular acts or on other terms as the district court may direct. 1953 Comp., § 32A-3-617, enacted by Laws 1975, ch. 257, § 3-617.

NMSA 1978, § 45-3-618 Termination of appointment; special administrator

45-3-618. Termination of appointment; special administrator The appointment of a special administrator pursuant to Section 3-614 [45-3-614 NMSA 1978] terminates in accordance with the provisions of the order of appointment or on the appointment of a general personal representative. In other cases, the appointment of a special administrator is subject to termination by resignation, or upon removal for cause, as provided in Sections 3-608 through 3-611 [45-3-608 to 45-3-611 NMSA 1978]. 1953 Comp., § 32A-3-618, enacted by Laws 1975, ch. 257, § 3-618.

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