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 […]
Section 45-1-110 – Time of taking effect; provisions for transition.
Except as provided elsewhere in the Uniform Probate Code, on the effective date of this code or of any amendment to this code: A. the code or the amendment applies to governing instruments executed by decedents dying thereafter; B. the code or the amendment applies to any proceedings in court then pending or thereafter commenced […]
Section 45-1-201 – Definitions.
A. As used in the Uniform Probate Code, except as provided in Subsection B of this section and unless the context otherwise requires: (1) “agent” includes an attorney-in-fact under a durable or nondurable power of attorney, an individual authorized to make decisions concerning another’s health care and an individual authorized to make decisions for another […]
Section 45-1-301 – Application.
A. Except as otherwise provided in the Uniform Probate Code, the code applies to: (1) the affairs and estates of decedents, missing persons and protected persons domiciled in New Mexico; (2) the property of nonresidents located in New Mexico or property coming into the control of a fiduciary who is subject to the laws of […]
Section 45-1-104 – Severability.
If any provision of the Uniform Probate Code or its application to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of that code that can be given effect without the invalid provision or application, and to this end, the provisions of the code are severable. History: 1953 […]