New Mexico § 45-3-407 - Formal testacy proceedings; burdens in contested cases
Full text of New Mexico New Mexico Statutes Annotated § 45-3-407 — Formal testacy proceedings; burdens in contested cases, with citation guidance and answers to common questions.
§ 45-3-407. Formal testacy proceedings; burdens in contested cases
In contested cases, petitioners who seek to establish intestacy have the burden of
establishing prima facie proof of death, venue and heirship. Proponents of a will have the burden of establishing prima facie proof of due execution
in all cases, and if they are also petitioners, prima facie proof of death and venue. Contestants of a will have the burden of establishing lack of testamentary intent
or capacity, undue influence, fraud, duress, mistake or revocation. Parties have the ultimate burden of persuasion as to matters with respect to which
they have the initial burden of proof. If a will is opposed by the petition for probate of a later will revoking the former,
it shall be determined first whether the later will is entitled to probate. If a will is opposed by a petition for a declaration of intestacy, it shall be determined
first whether the will is entitled to probate.
Source: official New Mexico text · Last verified 2026-08-27
Frequently Asked Questions About New Mexico § 45-3-407
What does New Mexico Statutes Annotated § 45-3-407 cover?
Section 45-3-407 ("Formal testacy proceedings; burdens in contested cases") 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 § 45-3-407?
A common citation format is "New Mexico Statutes Annotated § 45-3-407" (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 § 45-3-407 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.