New Mexico § 45-3-611 - Termination of appointment by removal; cause; procedure
Full text of New Mexico New Mexico Statutes Annotated § 45-3-611 — Termination of appointment by removal; cause; procedure, with citation guidance and answers to common questions.
§ 45-3-611. Termination of appointment by removal; cause; procedure
A. Any interested person may petition for removal of a personal representative for
cause at any time. Upon filing of the petition, the district court shall fix a time and place for hearing. Notice shall be given by the petitioner to the personal representative, and to such
other persons as the district court may direct. Except as otherwise ordered as provided in Section 3-607, after receipt of notice
of removal proceedings, the personal representative shall not act except to account,
to correct maladministration or preserve the estate. If removal is ordered, the district court also shall direct by order the disposition
of the assets remaining in the name of, or under the control of, the personal representative
being removed. B. Cause for removal exists when: (1) removal would be in the best interests of the estate; (2) it is shown that a personal representative or the person seeking his appointment
intentionally misrepresented material facts in the proceedings leading to his appointment; (3) the personal representative has disregarded an order of the district court; (4) the personal representative has become incapable of discharging the duties of
his office; (5) the personal representative has mismanaged the estate; or (6) the personal representative failed to perform any duty pertaining to the office. C. Unless the decedent's will directs otherwise, a personal representative appointed
at the decedent's domicile, incident to securing appointment of himself or his nominee
as ancillary personal representative, may obtain removal of another who was appointed
personal representative in New Mexico to administer local assets.
Source: official New Mexico text · Last verified 2026-08-27
Frequently Asked Questions About New Mexico § 45-3-611
What does New Mexico Statutes Annotated § 45-3-611 cover?
Section 45-3-611 ("Termination of appointment by removal; cause; procedure") 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 § 45-3-611?
A common citation format is "New Mexico Statutes Annotated § 45-3-611" (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 § 45-3-611 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.