New Mexico § 45-3-403 - Formal testacy proceeding; notice of hearing on petition

§ 45-3-403. Formal testacy proceeding; notice of hearing on petition

A. Upon commencement of a formal testacy proceeding, the district court shall fix

a time and place of hearing. Notice shall be given in the manner prescribed by Section 1-401 by the petitioner

to the persons enumerated in this section and to any additional person who has filed

a demand for notice under Section 3-204 of the [Uniform] Probate Code. B. Notice shall be given to the following persons: the surviving spouse, children

and other heirs of the decedent (who would have taken had the decedent died intestate);

the devisees and personal representatives named in any will that is being, or has

been, probated, or offered for informal or formal probate in the county, or that is

known by the petitioner to have been probated, or offered for informal or formal probate

elsewhere; and any personal representative of the decedent whose appointment has

not been terminated. Notice may be given to other persons. In addition, the petitioner shall give notice by publication to all unknown persons

and to all known persons whose addresses are unknown who have any interest in the

matters being litigated. C. If it appears by the petition or otherwise that the fact of the death of the alleged

decedent may be in doubt, or on the written demand of any interested person, a copy

of the notice of the hearing on the petition shall be sent by registered or certified

mail to the alleged decedent at his last known address. The district court shall direct the petitioner to report the results of, or make

and report back concerning, a reasonably diligent search for the alleged decedent

in any manner that may seem advisable, including any or all of the following methods: (1) by inserting in one or more suitable periodicals, a notice requesting information

from any person having knowledge of the where-abouts of the alleged decedent; (2) by notifying law enforcement officials and public welfare agencies in appropriate

locations of the disappearance of the alleged decedent; and (3) by engaging the services of an investigator. The costs of any search so directed shall be paid by the petitioner if there is

no administration or by the estate of the decedent in case there is administration.