A. Any sale or encumbrance to the personal representative, his spouse, agent or attorney, or any corporation or trust in which he has a substantial beneficial interest, or any transaction which is affected by a substantial conflict of interest on the part of the personal representative, is voidable by any interested person except one who has consented after fair disclosure, unless:
(1) the will or a contract entered into by the decedent expressly authorized the transaction; or
(2) the transaction is approved by the district court after notice to interested persons.
B. An interested person must petition the district court to void the sale, encumbrance or transaction within the time limits set out by Section 3-1005 [45-3-1005 NMSA 1978].
History: 1953 Comp., § 32A-3-713, enacted by Laws 1975, ch. 257, § 3-713.
Official comments. — See Commissioners on Uniform State Law official comment to 3-713 UPC.
Am. Jur. 2d, A.L.R. and C.J.S. references. — Purchase by executor, administrator or trustee of claims against estate or trust, 128 A.L.R. 917.
Corporate executor's or administrator's transaction with affiliated corporation as violation of rule against self-dealing, 151 A.L.R. 905.
33 C.J.S. Executors and Administrators §§ 239, 273, 292, 313, 314.
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