New Mexico § 46-6-3 - Release of surety; notice
Full text of New Mexico New Mexico Statutes Annotated § 46-6-3 — Release of surety; notice, with citation guidance and answers to common questions.
§ 46-6-3. Release of surety; notice
When any surety upon the official bond of any fiduciary in this state not subject
to the provisions of the Probate Code, shall desire to be released from such obligation,
such surety may file his application for such release in the court having jurisdiction
of such fiduciary and thereupon the clerk of such court shall issue, under the seal
thereof, a notice to such fiduciary, requiring him or her to furnish a new bond, with
sureties to be approved by the court, within twenty days from the date of the service
of said notice. Such notice may be served in the manner provided by law for the service of a summons
in civil actions. If such fiduciary shall fail to furnish such bond within the time hereinbefore prescribed
he or she may be summarily removed from office, and a new trustee, committee, guardian,
assignee, receiver, executor, administrator or other fiduciary forthwith appointed. From and after the time when such new bond is furnished, or such new fiduciary appointed,
the surety making such application shall be released from all liability upon the said
bond, except for such default or other misconduct on the part of such fiduciary as
occurred prior thereto. It is further provided, that in case of the release or the withdrawal of any surety
as provided in this section, and in case the principal shall account in due form of
law for all his acts and doings, and all trust funds or estate, then the unearned
portion of any premium paid to such surety shall be refunded and repaid by the said
surety or such sureties as aforesaid.
Source: official New Mexico text · Last verified 2026-08-27
Frequently Asked Questions About New Mexico § 46-6-3
What does New Mexico Statutes Annotated § 46-6-3 cover?
Section 46-6-3 ("Release of surety; notice") 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 § 46-6-3?
A common citation format is "New Mexico Statutes Annotated § 46-6-3" (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 § 46-6-3 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.