New Mexico § 45-3-409 - Formal testacy proceedings; order; foreign will
Full text of New Mexico New Mexico Statutes Annotated § 45-3-409 — Formal testacy proceedings; order; foreign will, with citation guidance and answers to common questions.
§ 45-3-409. Formal testacy proceedings; order; foreign will
A. After the time required for any notice has expired, upon proof of notice, and after
any hearing that may be necessary, if the district court finds that the testator is
dead, venue is proper and that the proceeding was commenced within the limitation
prescribed by Section 3-108, it shall determine the decedent's domicile at death,
his heirs and his state of testacy. Any will found to be valid and unrevoked shall be formally probated. Termination of any previous informal appointment of a personal representative, which
may be appropriate in view of the relief requested and findings, is governed by Section
3-612. The petition shall be dismissed or appropriate amendment allowed if the court is
not satisfied that the alleged decedent is dead. B. A will from a foreign jurisdiction which does not provide for probate of a will
after death, may be proved for probate in New Mexico by a duly authenticated certificate
of its legal custodian that the copy introduced is a true copy and that the will has
become operative under the law of the foreign jurisdiction.
Source: official New Mexico text · Last verified 2026-08-27
Frequently Asked Questions About New Mexico § 45-3-409
What does New Mexico Statutes Annotated § 45-3-409 cover?
Section 45-3-409 ("Formal testacy proceedings; order; foreign will") 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 § 45-3-409?
A common citation format is "New Mexico Statutes Annotated § 45-3-409" (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 § 45-3-409 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.