Appointment or testacy proceedings; conflicting claim of domicile in another state.

1. Law
2. New Mexico Statutes
3. Uniform Probate Code
4. Probate of Wills and Administration
5. VENUE FOR PROBATE AND ADMINISTRATION; PRIORITY TO ADMINISTER; DEMAND FOR NOTICE
6. Appointment or testacy proceedings; conflicting claim of domicile in another state.

If conflicting claims as to the domicile of a decedent are made in a formal testacy or appointment proceeding commenced in New Mexico, and in a testacy or appointment proceeding after notice pending at the same time in another state, the district court of New Mexico must stay, dismiss or permit suitable amendment in, the proceeding here unless it is determined that the local proceeding was commenced before the proceeding elsewhere. The determination of domicile in the proceeding first commenced must be accepted as determinative in the proceeding in New Mexico.

History: 1953 Comp., § 32A-3-202, enacted by Laws 1975, ch. 257, § 3-202.

ANNOTATIONS

Am. Jur. 2d, A.L.R. and C.J.S. references. — 1 C.J.S. Abatement and Revival § 16; 95 C.J.S. Wills §§ 321, 332.

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