New Mexico § 45-3-402 - Formal testacy or appointment proceedings; petition; contents

§ 45-3-402. Formal testacy or appointment proceedings; petition; contents

A. Petitions for formal probate of a will, or for adjudication of intestacy with or

without request for appointment of a personal representative, must be directed to

the district court, request a judicial order after notice and hearing, and contain

further statements as indicated in this section. A petition for formal probate of a will: (1) contains the original will, unless excused under the provisions of Subsection

B of this section; (2) requests an order as to the testacy of the decedent in relation to a particular

instrument which may or may not have been informally probated and determining the

heirs; and (3) contains the statements required for informal applications as stated in Subsection

A of Section 3-301 and the statements required by Paragraphs (1) through (3) of Subsection

B of Section 3-301. B. If the original will is neither in the possession of the court nor accompanies

the petition and no authenticated copy of a will probated in another jurisdiction

accompanies the petition, the petition also must state the contents of the will and

why it is unavailable. C. A petition for adjudication of intestacy and appointment of a personal representative

must request a judicial finding and order that the decedent left no will and, determining

the heirs, contain the statements required by Subsections A and D of Section 3-301

and indicate whether supervised administration is sought. A petition may request an order determining intestacy and heirs without requesting

the appointment of a personal representative, in which case, the statements required

by Paragraph (2) of Subsection D of Section 3-301 may be omitted.