New Mexico § 45-3-1002 - Formal proceedings terminating testate administration; order construing will without adjudicating testacy

§ 45-3-1002. Formal proceedings terminating testate administration; order construing will without adjudicating testacy

A. A personal representative administering an estate under an informally probated

will, or any devisee under an informally probated will, may petition for an order

of settlement of the estate which will not adjudicate the testacy status of the decedent. The personal representative may petition at any time, and a devisee 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 consider the final account or compel

or approve an accounting and distribution, to construe the will and adjudicate final

settlement and distribution of the estate. C. After notice to all devisees and the personal representative and hearing, the district

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

entitled to distribution of the estate under the will 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 devisee who is a party

to the proceeding and those he represents. D. If it appears that a part of the estate is to pass intestate, the proceedings shall

be dismissed or amendments made to meet the provisions of Section 3-1001.