New Mexico § 45-3-401 - Formal testacy proceedings; nature; when commenced

§ 45-3-401. Formal testacy proceedings; nature; when commenced

A. A formal testacy proceeding is litigation to determine whether a decedent left

a valid will. A formal testacy proceeding may be commenced by an interested person filing: (1) a petition as described in Subsection A of Section 3-402 in which he requests

that the court, after notice and hearing, enter an order probating a will; or (2) a petition to set aside an informal probate of a will or to prevent informal probate

of a will which is the subject of a pending application; or (3) a petition in accordance with Subsection C of Section 3-402 for an order that

the decedent died intestate. B. A petition may request formal probate of a will without regard to whether or not

the same or a conflicting will has been informally probated. A formal testacy proceeding may, but need not, involve a request for appointment

of a personal representative. C. During the pendency of a formal testacy proceeding, the probate court shall not

act upon any application for informal probate of any will of the decedent or any application

for informal appointment of a personal representative of the decedent. D. Unless a petition in a formal testacy proceeding also requests confirmation of

the previous informal appointment, a previously-appointed personal representative,

after receipt of notice of the commencement of a formal probate proceeding, must refrain

from exercising his power to make any further distribution of the estate during the

pendency of the formal proceeding. If a petitioner requests the appointment of a different personal representative

in a formal proceeding, the previously-appointed personal representative, after receipt

of notice thereof, shall refrain from exercising any power of administration except

as necessary to preserve the estate, or unless the district court orders otherwise.