A. Except as otherwise provided in Subsection B of this section, venue for a judicial proceeding involving a trust is in the county of New Mexico in which the trust’s principal place of administration is or will be located or, if the trust is created by will and the estate is not yet closed, in the county in which the decedent‘s estate is being administered.

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Terms Used In New Mexico Statutes 46A-2-204

  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Decedent: A deceased person.
  • Trustee: A person or institution holding and administering property in trust.
  • Venue: The geographical location in which a case is tried.

B. If a trust has no trustee, venue for a judicial proceeding for the appointment of a trustee is in a county of New Mexico in which a beneficiary resides, in a county in which any trust property is located or, if the trust is created by will, in the county in which the decedent’s estate was or is being administered.

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