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 […]
The district courts have concurrent jurisdiction with the probate courts in each county within their respective judicial district as to all matters concerning informal probate. History: 1953 Comp., § 32A-1-302.1, enacted by Laws 1977, ch. 121, § 2. ANNOTATIONS Cross references. — For jurisdiction and powers of district courts, see N.M. Const., art. VI, § […]
A. Subject to the provisions of Sections 45-1-302 and 45-3-201 NMSA 1978 and Chapter 45, Article 5 NMSA 1978 and the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act [Chapter 45, Article 5A NMSA 1978], if a proceeding under the Uniform Probate Code could be maintained in more than one place in New Mexico, the […]
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 […]
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 […]
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., § […]
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 […]
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., § […]
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 […]
