A. Except as otherwise provided in the Uniform Probate Code, the code applies to: (1)     the affairs and estates of decedents, missing persons and protected persons domiciled in New Mexico;

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Terms Used In New Mexico Statutes 45-1-301

  • Fiduciary: A trustee, executor, or administrator.
  • Probate: Proving a will

(2)     the property of nonresidents located in New Mexico or property coming into the control of a fiduciary who is subject to the laws of New Mexico;

(3)     incapacitated persons, minors and protected persons in New Mexico; (4)     survivorship and related accounts and similar property interests in New Mexico;

(5)     the disclaimer of property interests by persons in New Mexico;

(6)     certain kinds of governing instruments that are governed by the laws of New Mexico; and

(7)     the apportionment of taxes on estates subject to tax by New Mexico.

B. The Uniform Probate Code does not create, enlarge, modify or diminish parental rights or duties pursuant to the New Mexico Uniform Parentage Act [40-11A-101 to 40- 11A-903 NMSA 1978], the Adoption Act [N.M. Stat. Ann. Chapter 32A, Article 5], the Children’s Code [N.M. Stat. Ann. Chapter 32A] or other law of New Mexico. The definition or use of terms in the Uniform Probate Code shall not be used to interpret, by analogy or otherwise, the same or other terms in the New Mexico Uniform Parentage Act, the Adoption Act, the Children’s Code or other law of New Mexico.