New Mexico Statutes 45-3-308. Informal appointment proceedings; proof and findings required
A. In informal appointment proceedings, the probate or the district court must determine whether:
Terms Used In New Mexico Statutes 45-3-308
- Decedent: A deceased person.
- Oath: A promise to tell the truth.
- Probate: Proving a will
- Venue: The geographical location in which a case is tried.
(1) the application for informal appointment of a personal representative is complete;
(2) the applicant has made oath or affirmation that the statements contained in the application are true to the best of his knowledge and belief;
(3) the applicant appears from the application to be an interested person as defined in Paragraph (20) [(23)] of Subsection A of Section 45-1-201 N.M. Stat. Ann.;
(4) on the basis of the statements in the application, venue is proper;
(5) any will to which the requested appointment relates has been formally or informally probated; but this requirement does not apply to the appointment of a special administrator;
(6) any notice required by Section 45-3-204 N.M. Stat. Ann. has been given; and
(7) from the statements in the application, from the contents of the probated will, if any, and from any nominations and renunciations pursuant to Section 45-3-203 N.M. Stat. Ann. that have been filed before or at the time of the application, the person whose appointment is sought has priority entitling him to the appointment.
B. Unless Section 45-3-612 N.M. Stat. Ann. controls, the application must be denied if it indicates that a personal representative who has not filed a written statement of resignation as provided in Subsection C of Section 45-3-610 N.M. Stat. Ann. has been appointed in New Mexico, that (unless the applicant is the domiciliary personal representative or his nominee) the decedent was not domiciled in New Mexico and that a personal representative whose appointment has not been terminated has been appointed by a court in the state of domicile, or that other requirements of this section have not been met.
C. If the applicant is the domiciliary personal representative and the decedent was not domiciled in New Mexico, informal appointment proceedings may be allowed.