New Mexico § 45-3-301 - Informal probate or appointment proceedings; application; contents

§ 45-3-301. Informal probate or appointment proceedings; application; contents

Applications for informal probate or informal appointment must be directed to the

probate or district court and verified by the applicant to be accurate and complete

to the best of his knowledge and belief as to the information found in Subsections

A through F of this section. A. Every application for informal probate of a will or for informal appointment of

a personal representative, other than a special or successor representative, shall

contain the following: (1) a statement of the interest of the applicant; (2) the name and date of death of the decedent; his age and the county and state

of his domicile at the time of death; and the names and addresses of the spouse,

children, heirs and devisees and the ages of any who are minors so far as known or

ascertainable with reasonable diligence by the applicant; (3) if the decedent was not domiciled in New Mexico at the time of his death, a statement

showing venue; (4) a statement identifying and indicating the address of any personal representative

of the decedent appointed in New Mexico or elsewhere whose appointment has not been

terminated; (5) a statement indicating whether the applicant has received a demand for notice,

or is aware of any demand for notice, of any probate or appointment proceeding concerning

the decedent that may have been filed in New Mexico or elsewhere; and (6) a statement that the time limit for informal probate or appointment as provided

in Sections 45-3-101 through 45-3-1204 NMSA 1978 has not expired either because three years or less have passed since the decedent's

death, or, if more than three years from death have passed, that circumstances as

described by Section 45-3-108 NMSA 1978 authorizing tardy probate or appointment have occurred. B. An application for informal probate of a will shall state the following in addition

to the statements required by Subsection A of this section: (1) that the original of the decedent's last will is in the possession of the court,

or accompanies the application, or that an authenticated copy of his will probated

in another jurisdiction accompanies the application; (2) that the applicant, to the best of his knowledge, believes the will to have been

validly executed; and (3) that after the exercise of reasonable diligence, the applicant is unaware of any

instrument revoking the will, and that the applicant believes that the instrument

which is the subject of the application is the decedent's last will. C. An application for informal appointment of a personal representative to administer

an estate under a will shall describe the will by date of execution and state the

time and place of probate or the pending application or petition for probate. The application for appointment shall adopt the statements in the application or

petition for probate and state the name, address and priority for appointment of the

person whose appointment is sought. D. An application for informal appointment of a personal representative in intestacy

shall state in addition to the statements required by Subsection A of this section: (1) that after the exercise of a reasonable diligence, the applicant is unaware of

any unrevoked testamentary instrument relating to property having a situs in New Mexico

under Section 45-1-301 NMSA 1978; and (2) the priority of the person whose appointment is sought and the names of any other

person having a prior or equal right to the appointment under Section 45-3-203 NMSA 1978 . E. An application for appointment of a personal representative to succeed a personal

representative appointed under a different testacy status shall refer to the order

in the most recent testacy proceeding, state the name and address of the person whose

appointment is sought and of the person whose appointment will be terminated if the

application is granted, and describe the priority of the applicant. F. An application for appointment of a personal representative to succeed a personal

representative who has tendered a resignation as provided in Subsection C of Section 45-3-610 NMSA 1978 or whose appointment has been terminated by death or removal, shall: (1) adopt the statements in the application or petition which led to the appointment

of the person being succeeded except as specifically changed or corrected; (2) state the name and address of the person who seeks appointment as successor;

and (3) describe the priority of the applicant. G. By verifying an application for informal probate, or informal appointment, the

applicant submits personally to the jurisdiction of the court in any proceeding for

relief from fraud relating to the application, or for perjury, that may be instituted

against him.