A. The district court has exclusive original jurisdiction over all subject matter relating to:
(1) formal proceedings with respect to the estates of decedents, including determinations of testacy, appointment of personal representatives, constructions of wills, administration and expenditure of funds of estates, determination of heirs and successors of decedents and distribution and closing of estates;
(2) estates of missing and protected persons;
(3) protection of incapacitated persons and minors;
(4) survivorship and related accounts and similar property interests;
(5) disclaimer of interests in property;
(6) apportionment of taxes on estates; and
(7) governing instruments except wills.
B. The district court in formal proceedings shall have jurisdiction to determine title to and value of real or personal property as between the estate and any interested person, including strangers to the estate claiming adversely thereto. The district court has full power to make orders, judgments and decrees and to take all other action necessary and proper to administer justice in matters that come before it.
C. The probate court and the district court have original jurisdiction over informal proceedings for probate of a will or appointment of a personal representative.
History: 1953 Comp., § 32A-1-302, enacted by Laws 1975, ch. 257, § 1-302; 1978, ch. 159, § 2; 2011, ch. 124, § 7.
ANNOTATIONSCross references. — For jurisdiction and powers of probate courts, see N.M. Const., art. VI, § 23.
For commencement of formal testacy proceedings, see 45-3-401 NMSA 1978.
The 2011 amendment, effective January 1, 2012, conferred jurisdiction on the district court over survivorship accounts and similar property interests, disclaimers of interests in property and governing instruments other than wills.
Regulation of jurisdiction by legislature. — The legislature may regulate the jurisdiction of probate and district courts, with reference to the administration of estates. First Nat'l Bank v. Dunbar, 1924-NMSC-068, 32 N.M. 419, 258 P. 817.
Nature of proceedings. — Once a district court has jurisdiction, it can shift back and forth between formal and informal probate proceedings. In re Estate of Duncan, 2002-NMCA-069, 132 N.M. 426, 50 P.3d 175, rev'd on other grounds sub nom., Estate of Duncan v. Kinsolving, 2003-NMSC-013, 133 N.M. 821, 70 P.3d 1260.
General civil jurisdiction in formal probate proceedings. — District courts sitting in probate possess general civil jurisdiction in formal probate proceedings; therefore, a trial court had jurisdiction to liquidate a business pursuant to either 45-3-911 or 53-16-16 NMSA 1978. Harrington v. Bannigan, 2000-NMCA-058, 129 N.M. 266, 5 P.3d 1070.
The Unclaimed Property Act's administrative process is exclusive and mandatory, and therefore the district court is without jurisdiction to decide claims for unclaimed property. — Where petitioner was appointed the personal representative of his deceased grandfather's estate, and where the probate court, at petitioner's request, issued an order directing the New Mexico taxation and revenue department (department) to release $70,000 of unclaimed property that belonged to decedent, and where the probate court transferred the case to the district court when the department refused to release the property, the district court's order directing the department to comply with the probate court and release the unclaimed property to petitioner was invalid, because the administrative claim filing provisions of the Unclaimed Property Act, 7-8A-1 to 7-8A-31 NMSA 1978, are exclusive and mandatory, and therefore the district court did not have jurisdiction to determine that the property was estate property or to enforce the probate court's order as the probate court had no authority to order the department to release the unclaimed property to petitioner. In re Estate of McElveny, 2017-NMSC-024, rev'g 2015-NMCA-080, 355 P.3d 75.
Jurisdiction of district courts in formal probate proceedings. — The legislature intended to confer upon district courts general civil jurisdiction in formal probate proceedings; therefore, a district court had jurisdiction to order the taxation and revenue department to release unclaimed property of decedent to petitioner, as personal representative of decedent's estate, notwithstanding the procedures set forth in 7-8A-15 NMSA 1978 of the Uniform Unclaimed Property Act for acquiring unclaimed property. In re Estate of McElveny, 2015-NMCA-080, cert. granted, 2015-NMCERT-007.
Declaratory judgment jurisdiction. — Since jurisdiction for the construction of wills has been lodged in New Mexico courts of general jurisdiction, a declaratory action construing the terms of a will as a civil suit or controversy is within that court's jurisdiction. Cosby v. Shackelford, 408 F.2d 1144 (10th Cir.1969).
Bankruptcy court jurisdiction. — The bankruptcy court lacked jurisdiction to declare debtor as the personal representative, impose fiduciary duties upon her, seek a determination of what property was in the probate estate, assess penalties against her for any damages resulting from the alleged breaches of fiduciary duty, and to receive payment as if a probate had been filed, since these are matters within the exclusive jurisdiction of the district courts under 45-1-302 NMSA 1978. Morrison Supply Co. v. Dalton, 415 B.R. 838 (2009).
District court had jurisdiction to void incapacitated person's estate plan. — Where the district court appointed a guardian and conservator to protect the person and assets of the incapacitated person who was suffering from Alzheimer's disease; after the conservator was appointed and without notifying the district court, the conservator, or the guardian ad litem, the spouse of the incapacitated person and the spouse's attorney met with the incapacitated person; during the meeting, the incapacitated person executed a new estate plan giving the spouse control of the incapacitated person's estate; and the conservator tried to stop the meeting and the execution of the new estate plan, the district court had general civil jurisdiction over the conservatorship and jurisdiction to void the new estate plan prior to the death of the incapacitated person. Clinesmith v. Temmerman, 2013-NMCA-024, 298 P.3d 458, cert. denied, 2013-NMCERT-001.
Law reviews. — For survey, "Article VII of the New Probate Code: In Pursuit of Uniform Trust Administration," see 6 N.M.L. Rev. 213 (1976).
For article, "Habeas Corpus in New Mexico," see 11 N.M.L. Rev. 291 (1981).
Am. Jur. 2d, A.L.R. and C.J.S. references. — 20 Am. Jur. 2d Courts § 14 et seq.; 46 Am. Jur. 2d Judgments § 50.
Power to punish for contempt, 8 A.L.R. 1551, 54 A.L.R. 322, 73 A.L.R. 1187.
Power of probate court to require attorney to return to estate or trust overpayment on account of fees or services, 70 A.L.R. 478.
Situs of corporate stock for purposes of probate jurisdiction and administration, 72 A.L.R. 179.
Election as to taking under will, jurisdiction to grant relief from, 81 A.L.R. 760, 71 A.L.R.2d 942.
Jurisdiction of probate court to determine title to property which personal representative claims in his own right, 90 A.L.R. 134.
Power to accept resignation of executors and administrators, 91 A.L.R. 713.
Mandamus to compel approval of bond, 92 A.L.R. 1211.
Statute as source of jurisdiction and power of probate court, 104 A.L.R. 348.
Jurisdiction in proceeding for probate of will to adjudicate as to other will not offered for probate, 119 A.L.R. 1099.
Restoration to competency, jurisdiction of court after adjudication of, as regards claims against former incompetent, 128 A.L.R. 1386.
Probate of will and proceedings subsequent thereto as affecting right to probate later codicil of will, and rights and remedies of parties thereunder, 157 A.L.R. 1351.
Probate of joint, mutual and reciprocal wills, 169 A.L.R. 81.
Relative rights to real property as between purchasers from or through decedent's heirs and devisees under will subsequently sought to be established, 22 A.L.R.2d 1107.
Estoppel to contest will or attack its validity, 28 A.L.R.2d 116, 78 A.L.R.4th 90.
Availability of replevin or similar possessory action to one not claim as heir, legatee, or creditor of decedent's estate, against personal representative, 42 A.L.R.2d 418.
Power and responsibility of executor or administrator as to compromise or settlement of action or cause of action for death, 72 A.L.R.2d 285.
Statute limiting time for probate of will as applicable to will probated in another jurisdiction, 87 A.L.R.2d 721.
What circumstances excuse failure to submit will for probate within time limit set by statute, 17 A.L.R.3d 1361.
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.
Adopted child as subject to protection of statute regarding rights of children pretermitted by will, or statute preventing disinheritance of child, 43 A.L.R.4th 947.
Modern status of jurisdiction of federal courts, under 28 USCS § 1332(a), of diversity actions affecting probate or other matters concerning administration of decedents' estates, 61 A.L.R. Fed. 536.
21 C.J.S. Courts §§ 18 to 35; 43 C.J.S. Infants § 124; 90 C.J.S. Trusts §§ 217, 454, 472; 95 C.J.S. Wills § 351; 96 C.J.S. Wills §§ 1074 to 1077.