New Mexico § 45-3-606 - Terms and conditions of bonds
Full text of New Mexico New Mexico Statutes Annotated § 45-3-606 — Terms and conditions of bonds, with citation guidance and answers to common questions.
§ 45-3-606. Terms and conditions of bonds
A. The following requirements and provisions apply to any bond required by Sections
3-601 through 3-618: (1) bonds shall name New Mexico as obligee for the benefit of the interested persons
in the estate and shall be conditioned upon the faithful discharge by the personal
representative of all duties according to law; (2) unless otherwise provided by the terms of the approved bond, sureties are jointly
and severally liable with the personal representative and with each other. The address of sureties shall be stated in the bond; (3) by executing an approved bond of a personal representative, the surety consents
to the jurisdiction of the probate court or district court which issued letters to
the primary obligor in any proceedings pertaining to the fiduciary duties of the personal
representative and naming the surety as a party. Notice of any proceeding shall be delivered to the surety or mailed to him by registered
or certified mail at his address as listed with the court where the bond is filed; (4) on petition of a successor personal representative, any other personal representative
of the same decedent or any interested person, a proceeding in the district court
may be initiated against a surety for breach of the obligation of the bond of the
personal representative; and (5) the bond of the personal representative is not void after the first recovery but
may be proceeded against from time to time until the whole penalty is exhausted. B. No action or proceeding may be commenced against the surety on any matter as to
which an action or proceeding against the primary obligor is barred by adjudication
or limitation.
Source: official New Mexico text · Last verified 2026-08-27
Frequently Asked Questions About New Mexico § 45-3-606
What does New Mexico Statutes Annotated § 45-3-606 cover?
Section 45-3-606 ("Terms and conditions of bonds") 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 § 45-3-606?
A common citation format is "New Mexico Statutes Annotated § 45-3-606" (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 § 45-3-606 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.