New Mexico § 45-3-414 - Formal proceedings concerning appointment of personal representative
Full text of New Mexico New Mexico Statutes Annotated § 45-3-414 — Formal proceedings concerning appointment of personal representative, with citation guidance and answers to common questions.
§ 45-3-414. Formal proceedings concerning appointment of personal representative
A. A formal proceeding for adjudication regarding the priority or qualification of
one who is an applicant for appointment as personal representative, or of one who
previously has been appointed personal representative in informal proceedings, if
an issue concerning the testacy of the decedent is or may be involved, is governed
by Section 3-402, as well as by this section. In other cases, the petition shall contain or adopt the statements required by Subsection
A of Section 3-301 and describe the question relating to priority or qualification
of the personal representative which is to be resolved. If the proceeding precedes any appointment of a personal representative, it shall
stay any pending informal appointment proceedings as well as any commenced thereafter. If the proceeding is commenced after appointment, 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. B. After notice to interested persons, including all persons interested in the administration
of the estate as successors under the applicable assumption concerning testacy, any
previously-appointed personal representative, and any person having or claiming priority
for appointment as personal representative, the district court shall determine who
is entitled to appointment under Section 3-203, make a proper appointment and, if
appropriate, terminate any prior appointment found to have been improper as provided
in cases of removal under Section 3-611.
Source: official New Mexico text · Last verified 2026-08-27
Frequently Asked Questions About New Mexico § 45-3-414
What does New Mexico Statutes Annotated § 45-3-414 cover?
Section 45-3-414 ("Formal proceedings concerning appointment of 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 § 45-3-414?
A common citation format is "New Mexico Statutes Annotated § 45-3-414" (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 § 45-3-414 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.