§ PART 1 GENERAL PROVISIONS v2
§ 45-3-101 Devolution of estate at death; administration on deaths of husband and wife
§ 45-3-102 Necessity of order of probate for will
§ 45-3-103 Necessity of appointment for administration
§ 45-3-104 Claims against decedent; necessity of administration
§ 45-3-105 Proceedings affecting devolution and administration
§ 45-3-106 Proceedings before district court; service; jurisdiction over persons
§ 45-3-107 Scope of proceedings; proceedings independent;
§ 45-3-108 Probate, testacy and appointment proceedings; ultimate time limit
§ 45-3-109 Statutes of limitation on decedent’s claim for relief
§ 45-3-201 Venue for first and subsequent estate proceedings;
§ 45-3-202 Appointment or testacy proceedings; conflicting claim of domicile in another state
§ 45-3-203 Priority among persons seeking appointment as personal representative
§ 45-3-204 Demand for notice of order or filing concerning decedent’s estate
§ 45-3-301 Informal probate or appointment proceedings;
§ 45-3-302 Informal probate; duty of court; effect of informal probate
§ 45-3-303 Informal probate; proof and findings required
§ 45-3-305 Informal probate; court not satisfied
§ 45-3-306 Informal probate; notice requirements
§ 45-3-307 Informal appointment proceedings; delay in order; duty of court; effect of appointment
§ 45-3-308 Informal appointment proceedings; proof and findings required
§ 45-3-309 Informal appointment proceedings; court not satisfied
§ 45-3-310 Informal appointment proceedings; notice requirements
§ 45-3-311 Informal appointment unavailable in certain cases
§ 45-3-401 Formal testacy proceedings; nature; when commenced
§ 45-3-402 Formal testacy or appointment proceedings; petition;
§ 45-3-403 Formal testacy proceeding; notice of hearing on petition
§ 45-3-404 Formal testacy proceedings; written objections to probate
§ 45-3-405 Formal testacy proceedings; uncontested cases; hearings and proof
§ 45-3-406 Formal testacy proceedings; contested cases; testimony of attesting witnesses
§ 45-3-407 Formal testacy proceedings; burdens in contested cases
§ 45-3-408 Formal testacy proceedings; will construction; effect of final order in another jurisdiction
§ 45-3-409 Formal testacy proceedings; order; foreign will
§ 45-3-410 Formal testacy proceedings; probate of more than one instrument
§ 45-3-411 Formal testacy proceedings; partial intestacy
§ 45-3-412 Formal testacy proceedings; effect of order; vacation
§ 45-3-413 Formal testacy proceedings; vacation of order for other cause
§ 45-3-414 Formal proceedings concerning appointment of personal representative
§ 45-3-501 Supervised administration; nature of proceeding
§ 45-3-502 Supervised administration; petition; order
§ 45-3-503 Supervised administration; effect on other proceedings
§ 45-3-504 Supervised administration; powers of personal representative
§ 45-3-505 Supervised administration; interim orders; distribution and closing orders
§ 45-3-601 Qualification
§ 45-3-602 Acceptance of appointment; consent to jurisdiction
§ 45-3-603 Bond requirements
§ 45-3-604 Bond amount; security; procedure; reduction
§ 45-3-605 Demand for bond by interested person
§ 45-3-606 Terms and conditions of bonds
§ 45-3-607 Order restraining personal representative
§ 45-3-608 Termination of appointment; general
§ 45-3-609 Termination of appointment; death or disability
§ 45-3-610 Termination of appointment; voluntary
§ 45-3-611 Termination of appointment by removal; cause;
§ 45-3-612 Termination of appointment; change of testacy status
§ 45-3-613 Successor personal representative
§ 45-3-614 Special administrator; appointment
§ 45-3-615 Special administrator; who may be appointed
§ 45-3-616 Special administrator; appointed informally; powers and duties
§ 45-3-617 Special administrator; formal proceedings; powers and duties
§ 45-3-618 Termination of appointment; special administrator
§ 45-3-701 Time of accrual of duties and powers
§ 45-3-702 Priority among different letters
§ 45-3-703 General duties; relation and liability to persons interested in estate; standing to sue
§ 45-3-704 Personal representative to proceed without court order;
§ 45-3-705 Duty of personal representative; notice to heirs and devisees
§ 45-3-706 Duty of personal representative; inventory and appraisement
§ 45-3-707 Employment of appraisers
§ 45-3-708 Duty of personal representative; supplementary inventory
§ 45-3-709 Duty of personal representative; possession of estate
§ 45-3-710 Power to avoid transfers
§ 45-3-711 Powers of personal representatives; in general
§ 45-3-712 Improper exercise of power; breach of fiduciary duty
§ 45-3-713 Sale, encumbrance or transaction involving conflict of interest; voidable; exceptions
§ 45-3-714 Persons dealing with personal representative; protection
§ 45-3-715 Transactions authorized for personal representatives;
§ 45-3-716 Powers and duties of successor personal representative
§ 45-3-717 Co-representatives; when joint action required
§ 45-3-718 Powers of surviving personal representative
§ 45-3-719 Compensation for personal representatives
§ 45-3-720 Expenses in estate litigation
§ 45-3-721 Proceedings for review of employment and compensation
§ 45-3-801 Notice to creditors
§ 45-3-802 Statutes of limitations
§ 45-3-803 Limitations on presentation of claims
§ 45-3-804 Manner of presentation of claims
§ 45-3-805 Classification of claims
§ 45-3-806 Allowance of claims
§ 45-3-807 Payment of claims
§ 45-3-808 Individual liability of personal representative
§ 45-3-809 Secured claims
§ 45-3-810 Claims not due and contingent or unliquidated claims
§ 45-3-811 Counterclaims
§ 45-3-812 Execution and levies prohibited
§ 45-3-813 Compromise of claims
§ 45-3-814 Encumbered assets
§ 45-3-815 Administration in more than one state; duty of personal representative
§ 45-3-816 Final distribution to domiciliary representative
§ 45-3-901 Successors’ rights if no administration
§ 45-3-902 Distribution; order in which assets appropriated;
§ 45-3-903 Successor’s indebtedness offset against interest;
§ 45-3-904 Interest on general pecuniary devise
§ 45-3-905 Penalty clause for contest
§ 45-3-906 Distribution in kind; valuation; method
§ 45-3-907 Distribution in kind; evidence
§ 45-3-908 Distribution; right or title of distributee
§ 45-3-909 Improper distribution; liability of distributee
§ 45-3-910 Purchases from distributees protected
§ 45-3-911 Partition for purpose of distribution
§ 45-3-912 Private agreements among successors to decedent binding on personal representative
§ 45-3-913 Distributions to trustee
§ 45-3-914 Disposition of unclaimed assets
§ 45-3-915 Distribution to person under disability
§ 45-3-920 Short title
§ 45-3-921 Definitions
§ 45-3-922 Apportionment by will or other dispositive instrument
§ 45-3-923 Statutory apportionment of estate taxes
§ 45-3-924 Credits and deferrals
§ 45-3-925 Insulated property; advancement of tax
§ 45-3-926 Apportionment and recapture of special elective benefits
§ 45-3-927 Securing payment of estate tax from property in possession of fiduciary
§ 45-3-928 Collection of estate tax by fiduciary
§ 45-3-929 Right of reimbursement
§ 45-3-930 Action to determine or enforce act
§ 45-3-1001 Formal proceedings terminating administration; testate or intestate; order of general protection
§ 45-3-1002 Formal proceedings terminating testate administration;
§ 45-3-1003 Closing estates; by sworn statement of personal representative
§ 45-3-1004 Liability of distributees to claimants
§ 45-3-1005 Limitations on proceedings against personal representative
§ 45-3-1006 Limitations on actions and proceedings against distributees
§ 45-3-1007 Certificate discharging liens securing fiduciary performance
§ 45-3-1008 Subsequent administration
§ 45-3-1101 Effect of approval of agreements involving trusts, inalienable interests or interests of third persons
§ 45-3-1102 Procedure for securing court approval of compromise
§ 45-3-1201 Collection of personal property by affidavit
§ 45-3-1202 Effect of affidavit
§ 45-3-1203 Small estates; summary administrative procedure
§ 45-3-1204 Small estates; closing by sworn statement of personal representative
§ 45-3-1205 Transfer of title to homestead to surviving spouse by affidavit
§ 45-3-1206 Effect of affidavit
§ 45-3-1301 Collection of employee’s final payment without administration
§ 45-3-1302 Affidavit showing death of employee; payment

Terms Used In New Mexico Statutes > Chapter 45 > Article 3

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appraisal: A determination of property value.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Counterclaim: A claim that a defendant makes against a plaintiff.
  • Decedent: A deceased person.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Dependent: A person dependent for support upon another.
  • Devise: To gift property by will.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Fiduciary: A trustee, executor, or administrator.
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
  • Fraud: Intentional deception resulting in injury to another.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Gross estate: The total fair market value of all property and property interests, real and personal, tangible and intangible, of which a decedent had beneficial ownership at the time of death before subtractions for deductions, debts, administrative expenses, and casualty losses suffered during estate administration.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • Intestate: Dying without leaving a will.
  • 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.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Oath: A promise to tell the truth.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Personal property: All property that is not real property.
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probate: Proving a will
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Revocable trust: A trust agreement that can be canceled, rescinded, revoked, or repealed by the grantor (person who establishes the trust).
  • 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.
  • Statute: A law passed by a legislature.
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Testate: To die leaving a will.
  • Testator: A male person who leaves a will at death.
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • Trustee: A person or institution holding and administering property in trust.
  • Venue: The geographical location in which a case is tried.