Uniform Probate Code
New Mexico · Uniform Probate Code · §§ 45-1-101 to 45-1-404 · 31 sections
Overview
This act establishes a comprehensive framework governing the administration of decedents' estates, along with related matters of family protection and probate court procedure. It sets out rules for intestate succession — defining who inherits when there is no valid will, how shares pass to a surviving spouse and other kindred, and how representation, advancements, half-blood relatives, afterborn heirs, and parent-child relationships affect those shares — and it abolishes older common-law entitlements such as dower and curtesy. It also fixes the jurisdictional and procedural machinery for probate matters, including venue and transfer, notice and waiver, pleadings, standards of proof, and appointment of guardians ad litem, and it provides protections for surviving family members through exempt property and a discretionary family allowance.
Editorial summary generated from the text of this act. It is not part of the statute — read the sections below for the operative language.
Sections covered
- § 45-1-101 NMSA 1978Short title
- § 45-1-102 NMSA 1978Rule of construction; purposes of act
- § 45-1-103 NMSA 1978Supplementary general principles of law applicable
- § 45-1-104 NMSA 1978Severability
- § 45-1-105 NMSA 1978Construction against implied repeal, amendment or expansion
- § 45-1-106 NMSA 1978Effect of fraud and evasion
- § 45-1-107 NMSA 1978Evidence of death or status
- § 45-1-108 NMSA 1978Acts by holder of general power
- § 45-1-109 NMSA 1978Security interests not affected
- § 45-1-110 NMSA 1978Time of taking effect; provisions for transition
- § 45-1-201 NMSA 1978Definitions
- § 45-1-301 NMSA 1978Application
- § 45-1-302 NMSA 1978Subject matter jurisdiction of district and probate courts
- § 45-1-302.1 NMSA 1978Concurrent jurisdiction
- § 45-1-303 NMSA 1978Venue; multiple proceedings; transfer
- § 45-1-304 NMSA 1978Civil practice
- § 45-1-305 NMSA 1978Records and certified copies
- § 45-1-306 NMSA 1978Jury trial
- § 45-1-307 NMSA 1978Repealed
- § 45-1-308 NMSA 1978Appeals from district court
- § 45-1-309 NMSA 1978Reserved
- § 45-1-310 NMSA 1978Oath or affirmation on filed documents
- § 45-1-401 NMSA 1978Notice; method and time of giving
- § 45-1-402 NMSA 1978Notice; waiver
- § 45-1-403 NMSA 1978Pleadings
- § 45-1-403.1 NMSA 1978Representation; basic effect
- § 45-1-403.2 NMSA 1978Representation by holder of general testamentary power of appointment
- § 45-1-403.3 NMSA 1978Representation by fiduciaries and parents
- § 45-1-403.4 NMSA 1978Representation by person having substantially identical interest
- § 45-1-403.5 NMSA 1978Appointment of representative
- § 45-1-404 NMSA 1978Real property outside county of administration; notice required; contents; effect
Enacted in other states
Alaska, Massachusetts, Montana, North Dakota, South Dakota, Utah
All New Mexico named statutes →
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