Section 45-3-501 - Supervised administration; nature of proceeding.

NM Stat § 45-3-501 (2019) (N/A)
Copy with citation
Copy as parenthetical citation

A. Supervised administration is a single in rem proceeding to secure complete administration and settlement of a decedent's estate under the continuing authority of the district court which extends until entry of an order approving distribution of the estate and discharging the personal representative or other order terminating the proceeding.

B. A supervised personal representative is responsible to the district court, as well as to the interested persons, and is subject to directions concerning the estate made by the district court on its own motion or on the motion of any interested person.

C. Except as otherwise provided in Sections 3-501 through 3-505 [45-3-501 to 45-3-505 NMSA 1978], or as otherwise ordered by the district court, a supervised personal representative has the same duties and powers as a personal representative who is not supervised.

History: 1953 Comp., § 32A-3-501, enacted by Laws 1975, ch. 257, § 3-501.

Official comments. — See Commissioners on Uniform State Law official comment to 3-501 UPC.

Cross references. — For general fiduciary duties of personal representative, see 45-3-703 NMSA 1978.

Law reviews. — For article, "The Use of Revocable Inter Vivos Trusts in Estate Planning," see 1 N.M.L. Rev. 143 (1971).

Am. Jur. 2d, A.L.R. and C.J.S. references. — 31 Am. Jur. 2d Executors and Administrators §§ 146, 147, 243 to 245, 382, 383; 79 Am. Jur. 2d Wills §§ 56, 70, 183.

33 C.J.S. Executors and Administrators §§ 1, 3, 12.