New Mexico § 45-3-1102 - Procedure for securing court approval of compromise

§ 45-3-1102. Procedure for securing court approval of compromise

The procedure for securing court approval of a compromise is as follows: A. the terms of the compromise shall be set forth in an agreement in writing that

shall be executed by all persons or their representatives having beneficial interests

or having claims that will or may be affected by the compromise; B. any interested person, or the person's representative, including the personal representative,

if any, or a trustee, may then submit the agreement to the district court for its

approval and for execution by the personal representative, the trustee of every affected

testamentary trust and other fiduciaries and representatives; and C. after notice to all interested persons or their representatives, including the

personal representative of any estate and all affected trustees of trusts, the district

court, if it finds that an actual contest or controversy exists and that the effect

of the agreement upon the interests of persons represented by fiduciaries or other

representatives is just and reasonable, shall make an order approving the agreement

and directing all fiduciaries under its supervision to execute the agreement. Minor children represented only by their parents may be bound only if their parents

join with other persons or their representatives in execution of the compromise. Upon the making of the order and the execution of the agreement, all further disposition

of the estate shall then be made in accordance with the terms of the agreement.