Section 45-3-105 - Proceedings affecting devolution and administration.

NM Stat § 45-3-105 (2019) (N/A)

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Persons interested in decedents' estates may apply to the probate court for determination in the informal proceedings provided in Sections 3-101 through 3-1204 [45-3-101 to 45-3-1204 NMSA 1978], and may petition the district court for orders in formal proceedings within its jurisdiction.

History: 1953 Comp., § 32A-3-105, enacted by Laws 1975, ch. 257, § 3-105.

Cross references. — For interested person's demand for notice in decedent's estate proceedings, see 45-3-204 NMSA 1978.

For interested person's right to demand bond for personal representative, see 45-3-605 NMSA 1978.

For protective proceedings, see 45-5-406 NMSA 1978.

For bond for conservator, see 45-5-416 NMSA 1978.

Effect of request for formal proceeding. — Where a distributee has requested, and the personal representative has agreed to, adjudication of the distributee's share of estate assets in a formal proceeding, and neither the parties nor the district court have agreed to or ordered any change in the nature of the proceeding, procedures provided by Subsection C of 45-3-906 NMSA 1978, relating to proposals for distribution in informal proceedings, are inapplicable. Estates of Brown v. Dickinson, 2000-NMCA-030, 128 N.M. 825, 999 P.2d 1057.

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Section 45-3-104 - Claims against decedent; necessity of administration.

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Section 45-3-106 - Proceedings before district court; service; jurisdiction over persons.