New Mexico § 45-3-308 - Informal appointment proceedings; proof and findings required
Full text of New Mexico New Mexico Statutes Annotated § 45-3-308 — Informal appointment proceedings; proof and findings required, with citation guidance and answers to common questions.
§ 45-3-308. Informal appointment proceedings; proof and findings required
A. In informal appointment proceedings, the probate or the district court must determine
whether: (1) the application for informal appointment of a personal representative is complete; (2) the applicant has made oath or affirmation that the statements contained in the
application are true to the best of his knowledge and belief; (3) the applicant appears from the application to be an interested person as defined
in Paragraph (20) [(23)] of Subsection A of Section 45-1-201 NMSA 1978; (4) on the basis of the statements in the application, venue is proper; (5) any will to which the requested appointment relates has been formally or informally
probated; but this requirement does not apply to the appointment of a special administrator; (6) any notice required by Section 45-3-204 NMSA 1978 has been given; and (7) from the statements in the application, from the contents of the probated will,
if any, and from any nominations and renunciations pursuant to Section 45-3-203 NMSA 1978 that have been filed before or at the time of the application, the person whose appointment
is sought has priority entitling him to the appointment. B. Unless Section 45-3-612 NMSA 1978 controls, the application must be denied if it indicates that a personal representative
who has not filed a written statement of resignation as provided in Subsection C of Section 45-3-610 NMSA 1978 has been appointed in New Mexico, that (unless the applicant is the domiciliary personal
representative or his nominee) the decedent was not domiciled in New Mexico and that
a personal representative whose appointment has not been terminated has been appointed
by a court in the state of domicile, or that other requirements of this section have
not been met. C. If the applicant is the domiciliary personal representative and the decedent was
not domiciled in New Mexico, informal appointment proceedings may be allowed.
Source: official New Mexico text · Last verified 2026-08-27
Frequently Asked Questions About New Mexico § 45-3-308
What does New Mexico Statutes Annotated § 45-3-308 cover?
Section 45-3-308 ("Informal appointment proceedings; proof and findings required") 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 § 45-3-308?
A common citation format is "New Mexico Statutes Annotated § 45-3-308" (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 § 45-3-308 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.