New Mexico § 45-3-203 - Priority among persons seeking appointment as personal representative
Full text of New Mexico New Mexico Statutes Annotated § 45-3-203 — Priority among persons seeking appointment as personal representative, with citation guidance and answers to common questions.
§ 45-3-203. Priority among persons seeking appointment as personal representative
A. Whether the proceedings are formal or informal, persons who are not disqualified
have priority for appointment in the following order: (1) the person with priority as determined by a probated will, including a person
nominated by a power conferred in a will; (2) the surviving spouse of the decedent who is a devisee of the decedent; (3) other devisees of the decedent; (4) the surviving spouse of the decedent; (5) other heirs of the decedent; and (6) forty-five days after the death of the decedent, any creditor. B. An objection to an appointment may be made only in formal proceedings. In case of objection, the priorities stated in Subsection A of this section apply
except that: (1) if the estate appears to be more than adequate to meet allowances and costs of
administration but inadequate to discharge anticipated unsecured claims, the court,
on petition of creditors, may appoint any qualified person; and (2) in case of objection to appointment of a person other than one whose priority
is determined by will by an heir or devisee appearing to have a substantial interest
in the estate, the court may appoint a person who is acceptable to heirs and devisees
whose interests in the estate appear to be worth in total more than half of the probable
distributable value of the estate or, in default of this accord, any suitable person. C. A person entitled to letters under Paragraphs (2) through (5) of Subsection A of
this section or a person who has not reached the age of majority and who would be
entitled to letters but for the person's age may nominate a qualified person to act
as personal representative by an appropriate writing filed with the court and thereby
confer the person's relative priority for appointment on the person's nominee. Any person who has reached the age of majority may renounce the right to nominate
or to an appointment by an appropriate writing filed with the court. When two or more persons entitled to letters under Paragraphs (2) through (5) of
Subsection A of this section share a priority, all those who do not renounce must
concur in nominating another to act for them or in applying for appointment by an
appropriate writing filed with the court. The person so nominated shall have the same priority as those who nominated the
person. A nomination or renunciation shall be signed by each person making it, the person's
attorney or the person's representative authorized by Subsection D of this section. D. Conservators of the estates of protected persons or, if there is no conservator,
any guardian except a guardian ad litem of a minor or incapacitated person may exercise
the same right to nominate, to object to another's appointment or to participate in
determining the preference of a majority in interest of the heirs and devisees that
the protected person would have if qualified for appointment. E. Appointment of one who does not have priority, including priority resulting from
renunciation or nomination determined pursuant to this section, may be made only in
formal proceedings. Before appointing one without priority, the court shall determine that those having
priority, although given notice of the proceedings, have failed to request appointment
or to nominate another for appointment and that administration is necessary. F. No person is qualified to serve as a personal representative who is: (1) under the age of majority; or (2) a person whom the court finds unsuitable in formal proceedings. G. A personal representative appointed by a court of the decedent's domicile has priority
over all other persons except where the decedent's will nominates different persons
to be personal representatives in New Mexico and in the state of domicile. The domiciliary personal representative may nominate another, who shall have the
same priority as the domiciliary personal representative. H. This section governs priority for appointment of a successor personal representative
but does not apply to the selection of a special administrator.
Source: official New Mexico text · Last verified 2026-08-27
Frequently Asked Questions About New Mexico § 45-3-203
What does New Mexico Statutes Annotated § 45-3-203 cover?
Section 45-3-203 ("Priority among persons seeking appointment as personal representative") 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 § 45-3-203?
A common citation format is "New Mexico Statutes Annotated § 45-3-203" (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 § 45-3-203 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.