A. Before distributing to a trustee, the personal representative may require that the trust be registered if the state in which it is to be administered provides for registration and that the trustee inform the beneficiaries as provided in Section 46A-8-813 NMSA 1978.

B. If the trust instrument does not excuse the trustee from giving bond, the personal representative may petition the appropriate court to require that the trustee post bond if the personal representative apprehends that distribution might jeopardize the interests of persons who are not able to protect themselves, and the personal representative may withhold distribution until the court has acted.

C. No inference of negligence on the part of the personal representative shall be drawn from the personal representative's failure to exercise the authority conferred by Subsections A and B of this section.

History: 1953 Comp., § 32A-3-913, enacted by Laws 1975, ch. 257, § 3-913; 1995, ch. 210, § 44; 2011, ch. 124, § 48.

Official comments. — See Commissioners on Uniform State Law official comment to 3-913 UPC.

The 2011 amendment, effective January 1, 2012, in Subsection A, changed the statutory reference to Section 46A-8-813 NMSA 1978.

The 1995 amendment, effective July 1, 1995, added Subsection A; redesignated former Subsections A and B as Subsections B and C; and substituted "Subsections A and B" for "Subsection A" in Subsection C.

Am. Jur. 2d, A.L.R. and C.J.S. references. — Conflict of laws as to administration of testamentary trusts and proper forum for judicial proceedings relating thereto, 115 A.L.R. 802.

34 C.J.S. Executors and Administrators § 482.