Section 45-1-304 – Civil practice.
Unless specifically provided to the contrary in the [Uniform] Probate Code, or unless inconsistent with its provisions, the Rules of Civil Procedure govern formal and informal proceedings under the code. History: 1953 Comp., § 32A-1-304, enacted by Laws 1975, ch. 257, § 1-304; 1978, ch. 159, § 3. ANNOTATIONS Bracketed material. — The bracketed material […]
Section 45-1-305 – Records and certified copies.
A. The clerk of the district court and the clerk of the probate court shall each keep a record for each decedent, protected person or trust involved in any document that may be filed with the clerk’s respective court under the Uniform Probate Code, including petitions and applications, demands for notices or bonds and orders […]
Section 45-1-306 – Jury trial.
If demanded, in the manner provided by the Rules of Civil Procedure, a party is entitled to a trial by jury in a formal testacy proceeding and in any proceeding in which any controverted question of fact arises as to which any party has a constitutional right to trial by jury. History: 1953 Comp., § […]
Section 45-1-307 – Probate court; powers.
If for any reason the probate judge is unable to act, the acts and orders which the [Uniform] Probate Code specifies as performable by the probate court may be performed either by a judge of the district court or by a person designated by the district court by a written order filed and recorded in […]
Section 45-1-308 – Appeals from district court.
Appellate review, including the right to appellate review, interlocutory appeal, provisions as to time, manner, notice, appeal bond, stays, scope of review, record on appeal, briefs, arguments and power of the appellate court, is governed by the rules applicable to civil appeals to the court of appeals from the district court. History: 1953 Comp., § […]
Section 45-1-310 – Oath or affirmation on filed documents.
Except as otherwise specifically provided in the [Uniform] Probate Code or by rule, every document filed with the court under the code, including applications, petitions and demands for notice, shall be deemed to include an oath, affirmation or statement to the effect that its representations are true as far as the person executing or filing […]
Section 45-1-401 – Notice; method and time of giving.
A. If notice of a hearing on any petition is required and except for specific notice requirements as otherwise provided, the petitioner shall cause notice of the time and place of hearing of any petition to be given to any interested person or, if the interested person is represented by an attorney, to the attorney. […]
Section 45-1-107 – Evidence of death or status.
In addition to the rules of evidence in courts of general jurisdiction, the following rules relating to a determination of death and status apply: A. in accordance with Subsection A of Section 12-2-4 NMSA 1978, death occurs when an individual has sustained either: (1) irreversible cessation of circulatory and respiratory functions; or (2) irreversible cessation […]
Section 45-1-108 – Acts by holder of general power.
For the purpose of granting consent or approval with regard to the acts or accounts of a personal representative or trustee, including relief from liability or penalty for failure to post bond, or to perform other duties, and for purposes of consenting to modification or termination of a trust or deviation from its terms, the […]
Section 45-1-109 – Security interests not affected.
No provision of the [Uniform] Probate Code alters or affects the right of a secured creditor to enforce his security interest against secured property included in the estate of a decedent. History: 1953 Comp., § 32A-1-109, enacted by Laws 1975, ch. 257, § 1-109. ANNOTATIONS Bracketed material. — The bracketed material was inserted by the […]