New Mexico § 45-3-401 - Formal testacy proceedings; nature; when commenced
Full text of New Mexico New Mexico Statutes Annotated § 45-3-401 — Formal testacy proceedings; nature; when commenced, with citation guidance and answers to common questions.
§ 45-3-401. Formal testacy proceedings; nature; when commenced
A. A formal testacy proceeding is litigation to determine whether a decedent left
a valid will. A formal testacy proceeding may be commenced by an interested person filing: (1) a petition as described in Subsection A of Section 3-402 in which he requests
that the court, after notice and hearing, enter an order probating a will; or (2) a petition to set aside an informal probate of a will or to prevent informal probate
of a will which is the subject of a pending application; or (3) a petition in accordance with Subsection C of Section 3-402 for an order that
the decedent died intestate. B. A petition may request formal probate of a will without regard to whether or not
the same or a conflicting will has been informally probated. A formal testacy proceeding may, but need not, involve a request for appointment
of a personal representative. C. During the pendency of a formal testacy proceeding, the probate court shall not
act upon any application for informal probate of any will of the decedent or any application
for informal appointment of a personal representative of the decedent. D. Unless a petition in a formal testacy proceeding also requests confirmation of
the previous informal appointment, a previously-appointed personal representative,
after receipt of notice of the commencement of a formal probate proceeding, must refrain
from exercising his power to make any further distribution of the estate during the
pendency of the formal proceeding. If a petitioner requests the appointment of a different personal representative
in a formal proceeding, the previously-appointed personal representative, after receipt
of notice thereof, shall refrain from exercising any power of administration except
as necessary to preserve the estate, or unless the district court orders otherwise.
Source: official New Mexico text · Last verified 2026-08-27
Frequently Asked Questions About New Mexico § 45-3-401
What does New Mexico Statutes Annotated § 45-3-401 cover?
Section 45-3-401 ("Formal testacy proceedings; nature; when commenced") 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 § 45-3-401?
A common citation format is "New Mexico Statutes Annotated § 45-3-401" (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 § 45-3-401 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.