Proceedings before district court; service; jurisdiction over persons.

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In proceedings before the district court where notice is required by the Uniform Probate Code or by rule, and in proceedings to construe probated wills or determine heirs which concern estates that have not been and cannot now be opened for administration, interested persons may be bound by the orders of the district court in respect to property in or subject to the laws of New Mexico by notice in conformity with Section 45-1-401 NMSA 1978. An order is binding as to all who are given notice of the proceeding though less than all interested persons are notified.

History: 1953 Comp., § 32A-3-106, enacted by Laws 1975, ch. 257, § 3-106; 1995, ch. 210, § 32.

ANNOTATIONS

The 1995 amendment, effective July 1, 1995, in the first sentence, inserted "Uniform", inserted "and in proceedings to construe probated wills or determine heirs which concern estates that have not been and cannot now be open for administration" and substituted "Section 45-1-401 NMSA 1978" for "Section 1-401".

Am. Jur. 2d, A.L.R. and C.J.S. references. — Decree of court of domicile respecting validity or construction of will, or admitting it or denying its admission to probate, as conclusive as regards real estate in another state devised by will, 131 A.L.R. 1023.

21 C.J.S. Courts §§ 39 to 49.


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