New Mexico § 45-3-705 - Duty of personal representative; notice to heirs and devisees
Full text of New Mexico New Mexico Statutes Annotated § 45-3-705 — Duty of personal representative; notice to heirs and devisees, with citation guidance and answers to common questions.
§ 45-3-705. Duty of personal representative; notice to heirs and devisees
A. Not later than thirty days after appointment, every personal representative, except
a special administrator, shall give notice of the appointment to the heirs and devisees,
including, if there has been no formal testacy proceeding and if the personal representative
was appointed on the assumption that the decedent died intestate, the devisees in
any will mentioned in the application or petition for appointment of a personal representative. B. The notice shall be delivered or sent by ordinary mail to each of the heirs and
devisees whose address is reasonably available to the personal representative. The duty does not extend to require notice to persons: (1) who have been adjudicated in a prior formal testacy proceeding to have no interest
in the estate; or (2) who are born more than thirty days after the personal representative's appointment,
including children born by posthumous conception. C. The notice shall: (1) include the name and address of the personal representative; (2) indicate that it is being sent to persons who have or may have some interest in
the estate being administered; (3) indicate whether bond has been filed; and (4) describe the court where papers relating to the estate are on file. D. The notice shall state that the estate is being administered by the personal representative
pursuant to the provisions of the Uniform Probate Code without supervision by the
court but that recipients are entitled to information regarding the administration
from the personal representative and can petition the court in any matter relating
to the estate, including distribution of assets and expenses of administration. E. The personal representative shall file a statement with the appointing court giving
the names and addresses of those persons notified pursuant to Subsection A of this
section. F. The personal representative's failure to give notice pursuant to this section is
a breach of duty to the persons concerned but does not affect the validity of the
appointment, the personal representative's powers or other duties. A personal representative may inform other persons of the appointment by delivery
or ordinary mail.
Source: official New Mexico text · Last verified 2026-08-27
Frequently Asked Questions About New Mexico § 45-3-705
What does New Mexico Statutes Annotated § 45-3-705 cover?
Section 45-3-705 ("Duty of personal representative; notice to heirs and devisees") 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 § 45-3-705?
A common citation format is "New Mexico Statutes Annotated § 45-3-705" (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 § 45-3-705 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.