New Mexico Statutes 45-3-402. Formal testacy or appointment proceedings; petition;
contents.
Terms Used In New Mexico Statutes 45-3-402
- Decedent: A deceased person.
- 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.
- Probate: Proving a will
A. Petitions for formal probate of a will, or for adjudication of intestacy with or without request for appointment of a personal representative, must be directed to the district court, request a judicial order after notice and hearing, and contain further statements as indicated in this section. A petition for formal probate of a will:
(1) contains the original will, unless excused under the provisions of Subsection B of this section;
(2) requests an order as to the testacy of the decedent in relation to a particular instrument which may or may not have been informally probated and determining the heirs; and
(3) contains the statements required for informal applications as stated in Subsection A of Section 3-301 [45-3-301 N.M. Stat. Ann.] and the statements required by Paragraphs (1) through (3) of Subsection B of Section 3-301 [45-3-301 N.M. Stat. Ann.].
B. If the original will is neither in the possession of the court nor accompanies the petition and no authenticated copy of a will probated in another jurisdiction accompanies the petition, the petition also must state the contents of the will and why it is unavailable.
C. A petition for adjudication of intestacy and appointment of a personal representative must request a judicial finding and order that the decedent left no will and, determining the heirs, contain the statements required by Subsections A and D of Section 3-301 [45-3-301 N.M. Stat. Ann.] and indicate whether supervised administration is sought. A petition may request an order determining intestacy and heirs without requesting the appointment of a personal representative, in which case, the statements required by Paragraph (2) of Subsection D of Section 3-301 [45-3-301 N.M. Stat. Ann.] may be omitted.