A. The Uniform Probate Code shall be liberally construed and applied to promote its underlying purposes and policies.

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Terms Used In New Mexico Statutes 45-1-102

  • Decedent: A deceased person.
  • Probate: Proving a will
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.

B. The underlying purposes and policies of the Uniform Probate Code are:

(1)     to simplify, clarify and modernize certain laws concerning the affairs of decedents, missing persons, protected persons, minors and incapacitated persons;

(2)     to discover and make effective the intent of a decedent in distribution of the decedent’s property;

(3)     to promote a speedy and efficient system for the settlement and distribution of the estate of the decedent;

(4)     to facilitate survivorship and related accounts and similar property interests in New Mexico;

(5)     to provide a comprehensive system of methods of disclaiming interests in property;

(6)     to facilitate the use and enforcement of governing instruments; (7)     to apportion taxes on estates; and

(8)     to make uniform the law among the states.