Except as otherwise provided in Sections 4-101 through 4-401 [45-4-101 to 45-4-401 NMSA 1978], to acquire the powers and undertake the duties and liabilities of a personal representative of a decedent, a person must be appointed by order of the district court or probate court, qualify and be issued letters. Administration of an estate is commenced by the issuance of letters.
History: 1953 Comp., § 32A-3-103, enacted by Laws 1975, ch. 257, § 3-103.
ANNOTATIONSCompiler's notes. — This section is similar to former 31-1-2, 1953 Comp.
Cross references. — For informal probate or appointment proceedings, see 45-3-301 NMSA 1978.
For formal proceedings concerning appointment of personal representative, see 45-3-414 NMSA 1978.
Effect of mistake as to character of letters. — A mistake as to the character of letters issued does not render them and all acts performed by the executor or administrator void. Amberson v. Candler, 1913-NMSC-007, 17 N.M. 455, 130 P. 255 (decided under former law).
Am. Jur. 2d, A.L.R. and C.J.S. references. — Relation back of letters testamentary or of administration, effect of doctrine of, on suits and actions growing out of previous acts, 26 A.L.R. 1369.
Adverse interest or position as disqualification for appointment of administrator, executor, or other personal representative, 11 A.L.R.4th 638.
33 C.J.S. Executors and Administrators § 63.