If two or more instruments are offered for probate before a final order is entered in a formal testacy proceeding, more than one instrument may be probated if neither expressly revokes the other or contains provisions which work a total revocation by implication. If more than one instrument is probated, the order shall indicate what provisions control in respect to the nomination of a personal representative, if any. The order may, but need not, indicate how any provisions of a particular instrument are affected by the other instrument. After a final order in a testacy proceeding has been entered, no petition for probate of any other instrument of the decedent may be entertained, except incident to a petition to vacate or modify a previous probate order and subject to the time limits of Section 3-412 [45-3-412 NMSA 1978].
History: 1953 Comp., § 32A-3-410, enacted by Laws 1975, ch. 257, § 3-410.
ANNOTATIONSOfficial comments. — See Commissioners on Uniform State Law official comment to 3-410 UPC.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 79 Am. Jur. 2d Wills §§ 824, 842.
Incorporation into will of provisions of will of another person by reference thereto, 37 A.L.R. 1476.
Probate where two or more testamentary documents, bearing the same date or undated, are proffered, 17 A.L.R.3d 603.
95 C.J.S. Wills § 313.