A. In informal appointment proceedings, the probate or the district court must determine whether:

(1) the application for informal appointment of a personal representative is complete;

(2) the applicant has made oath or affirmation that the statements contained in the application are true to the best of his knowledge and belief;

(3) the applicant appears from the application to be an interested person as defined in Paragraph (20) [(23)] of Subsection A of Section 45-1-201 NMSA 1978;

(4) on the basis of the statements in the application, venue is proper;

(5) any will to which the requested appointment relates has been formally or informally probated; but this requirement does not apply to the appointment of a special administrator;

(6) any notice required by Section 45-3-204 NMSA 1978 has been given; and

(7) from the statements in the application, from the contents of the probated will, if any, and from any nominations and renunciations pursuant to Section 45-3-203 NMSA 1978 that have been filed before or at the time of the application, the person whose appointment is sought has priority entitling him to the appointment.

B. Unless Section 45-3-612 NMSA 1978 controls, the application must be denied if it indicates that a personal representative who has not filed a written statement of resignation as provided in Subsection C of Section 45-3-610 NMSA 1978 has been appointed in New Mexico, that (unless the applicant is the domiciliary personal representative or his nominee) the decedent was not domiciled in New Mexico and that a personal representative whose appointment has not been terminated has been appointed by a court in the state of domicile, or that other requirements of this section have not been met.

C. If the applicant is the domiciliary personal representative and the decedent was not domiciled in New Mexico, informal appointment proceedings may be allowed.

History: 1953 Comp., § 32A-3-308, enacted by Laws 1975, ch. 257, § 3-308; 1978, ch. 159, § 9.

Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.

The reference in Subsection A(3) of this section seemingly should be to Paragraph (23), and not Paragraph (20), of Subsection A of 45-1-201 NMSA 1978.

Am. Jur. 2d, A.L.R. and C.J.S. references. — Delegation by will of power to nominate executor, 11 A.L.R.2d 1284.

Probate, in state where assets are found, of will of nonresident which has not been admitted to probate in state of domicile, 20 A.L.R.3d 1033.

Eligibility of foreign corporation to appointment as executor, administrator or testamentary trustee, 26 A.L.R.3d 1019.

Construction and operation of will or trust provision appointing advisors to trustee or executor, 56 A.L.R.3d 1249.

33 C.J.S. Executors and Administrators §§ 61, 62.