A. Subject to the provisions of Sections 45-1-302 and 45-3-201 NMSA 1978 and Chapter 45, Article 5 NMSA 1978 and the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act [Chapter 45, Article 5A NMSA 1978], if a proceeding under the Uniform Probate Code could be maintained in more than one place in New Mexico, the court in which the proceeding is first commenced has the exclusive right to proceed.
B. If proceedings concerning the same estate, protected person or trust are commenced in more than one court of New Mexico, the court having jurisdiction in which the proceeding was first commenced shall continue to hear the matter and the other courts shall hold the matter in abeyance until the question of venue is decided. If the ruling court determines that venue is properly in another court having jurisdiction, it shall transfer the proceeding to the other court.
C. If a court finds that in the interest of justice a proceeding or a file should be located in another court of New Mexico having jurisdiction, the court making the finding may transfer the proceeding or file to the other court.
History: 1953 Comp., § 32A-1-303, enacted by Laws 1975, ch. 257, § 1-303; 2009, ch. 159, § 21; 2011, ch. 124, § 8.
ANNOTATIONSThe 2011 amendment, effective January 1, 2012, made the venue of proceedings under the code subject to Section 45-1-302 NMSA 1978, Chapter 45, Article 5 NMSA 1978, and the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act.
The 2009 amendment, effective June 19, 2009, in Subsection B, after "protected person", deleted "ward".
Transfer of proceeding to another court within trial court's discretion. In re Estate of Ruther, 1981-NMCA-078, 96 N.M. 462, 631 P.2d 1330.
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 annual survey of New Mexico law relating to civil procedure, see 13 N.M.L. Rev. 251 (1983).
For annual survey of New Mexico law relating to estates and trusts, see 13 N.M.L. Rev. 395 (1983).
Am. Jur. 2d, A.L.R. and C.J.S. references. — 77 Am. Jur. 2d Venue §§ 25, 56, 75.
92 C.J.S. Venue § 5.