New Mexico § 45-3-1001 - Formal proceedings terminating administration; testate or intestate; order of general protection

§ 45-3-1001. Formal proceedings terminating administration; testate or intestate; order of general protection

A. A personal representative or any interested person may petition for an order of

complete settlement of the estate. The personal representative may petition at any time, and any other interested person

may petition after one year from the appointment of the original personal representative,

except that no petition under this section may be entertained until the time for presenting

claims which arose prior to the death of the decedent has expired. B. The petition may request the district court to: (1) determine testacy, if not previously determined; (2) consider the final account or compel or approve an accounting and distribution; (3) construe any will or determine heirs; and (4) adjudicate the final settlement and distribution of the estate. C. After notice to all interested persons and subsequent hearing, the district court

may enter an order or orders, on appropriate conditions, determining the persons entitled

to distribution of the estate, and, as circumstances require, approving settlement

and directing or approving distribution of the estate and discharging the personal

representative from further claim or demand of any interested person. D. If one or more heirs or devisees were omitted as parties in, or were not given

notice of, a previous formal testacy proceeding, the district court, on proper petition

for an order of complete settlement of the estate under this section, and after notice

to the omitted or unnotified persons and other interested persons determined to be

interested on the assumption that the previous order concerning testacy is conclusive

as to those given notice of the earlier proceeding, may determine testacy as it affects

the omitted persons and confirm or alter the previous order of testacy as it affects

all interested persons as appropriate in the light of the new proofs. E. In the absence of objection by an omitted or unnotified person, evidence received

in the original testacy proceeding shall constitute prima facie proof of due execution

of any will previously admitted to probate, or the fact that the decedent left no

valid will if the prior proceedings determined this fact.