New Mexico § 45-2A-13 - Appointment of personal representative and trustee

Full text of New Mexico New Mexico Statutes Annotated § 45-2A-13 — Appointment of personal representative and trustee, with citation guidance and answers to common questions.

§ 45-2A-13. Appointment of personal representative and trustee

A. The person named in the will as personal representative or trustee is entitled

to serve, if qualified, as personal representative or trustee. B. If a qualified person is not named in the will as personal representative, or the

named person is incapacitated, unwilling to serve or dead, and a qualified alternate

is not named in the will, priority for appointment as personal representative is determined

by the law of the state of decedent's domicile at death. C. If a qualified person is not named in the will as trustee, or the named person

is incapacitated, unwilling to serve or dead, and a qualified alternate is not named

in the will, the personal representative may appoint, without court approval, a qualified

person, including a person serving as personal representative, to serve as trustee. D. If a personal representative or trustee resigns, is removed, becomes incapacitated

or dies, the surviving spouse, or if there is no surviving spouse or the surviving

spouse is unable or unwilling to act, a majority of the adult children of the testator

may appoint a qualified successor personal representative or trustee. E. In all other cases, personal representatives and trustees must be appointed by

the court.

Source: official New Mexico text · Last verified 2026-08-27

Frequently Asked Questions About New Mexico § 45-2A-13

What does New Mexico Statutes Annotated § 45-2A-13 cover?

Section 45-2A-13 ("Appointment of personal representative and trustee") is part of the New Mexico Statutes Annotated, the codified statutory law of New Mexico. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite New Mexico § 45-2A-13?

A common citation format is "New Mexico Statutes Annotated § 45-2A-13" (New Mexico). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of New Mexico law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the New Mexico official source linked on this page or consult a licensed New Mexico attorney.

How does New Mexico § 45-2A-13 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in New Mexico can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in New Mexico.