Informal appointment unavailable in certain cases.

  1. Law
  2. New Mexico Statutes
  3. Uniform Probate Code
  4. Probate of Wills and Administration
  5. INFORMAL PROBATE AND APPOINTMENT PROCEEDINGS
  6. Informal appointment unavailable in certain cases.

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If an application for informal appointment indicates the existence of a possible unrevoked testamentary instrument which may relate to property subject to the laws of New Mexico, and which is not filed for probate in the probate or the district court, the probate or the district court shall decline the application; however, such declination of informal probate is not an adjudication and does not preclude appointment in formal proceedings.

History: 1953 Comp., § 32A-3-311, enacted by Laws 1975, ch. 257, § 3-311; 1978, ch. 159, § 11.

ANNOTATIONS

Am. Jur. 2d, A.L.R. and C.J.S. references. — 33 C.J.S. Executors and Administrators § 50.


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