New Mexico Statutes 45-1-302. Subject matter jurisdiction of district and probate courts
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Terms Used In New Mexico Statutes 45-1-302
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Personal property: All property that is not real property.
- Probate: Proving a will
A. The district court has exclusive original jurisdiction over all subject matter relating (1) formal proceedings with respect to the estates of decedents, including determinations of testacy, appointment of personal representatives, constructions of wills, administration and expenditure of funds of estates, determination of heirs and successors of decedents and distribution and closing of estates;
(2) estates of missing and protected persons;
(3) protection of incapacitated persons and minors;
(4) survivorship and related accounts and similar property interests; (5) disclaimer of interests in property;
(6) apportionment of taxes on estates; and
(7) governing instruments except wills.
B. The district court in formal proceedings shall have jurisdiction to determine title to and value of real or personal property as between the estate and any interested person, including strangers to the estate claiming adversely thereto. The district court has full power to make orders, judgments and decrees and to take all other action necessary and proper to administer justice in matters that come before it.
C. The probate court and the district court have original jurisdiction over informal proceedings for probate of a will or appointment of a personal representative.