The probate judges of this state are strictly required to hold their courts in the county seats of their counties, and the probate clerks shall also have their offices in the said county seat of the county at all times.
History: Laws 1869-1870, ch. 51, § 1; C.L. 1884, § 415; C.L. 1897, § 749; Code 1915, § 1426; C.S. 1929, § 34-404; 1941 Comp., § 16-405; 1953 Comp., § 16-4-5.
Cross references. — For penalty for violating this section, see 34-7-5 NMSA 1978.
For county clerk serving as probate court clerk if no other provision is made, see N.M. Const., art. VI, § 22.
For sheriff attending sessions, see 4-41-13, 4-41-16 NMSA 1978.
Removal to new county seat. — A county is authorized to remove to a properly selected new county seat all county offices and property pertaining thereto, if new courthouse and jail are ready for occupancy. Orchard v. Board of Comm'rs, 1938-NMSC-011, 42 N.M. 172, 76 P.2d 41.
Office need not be in courthouse or designated space. — This section only requires that office of the probate judge be located within the county seat; hence, it need not necessarily be in the courthouse or within some space designated by the county commissioners. 1943 Op. Att'y Gen. No. 43-4406.
County clerk cannot be paid additional salary for serving as probate clerk. 1943 Op. Att'y Gen. No. 43-4365.
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