{"data":{"id":"us-nm/45-3-401","jurisdiction":"us-nm","citation":"45-3-401","heading":"Formal testacy proceedings; nature; when commenced.","body":"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:\n(1) a petition as described in Subsection A of Section 3-402 [45-3-402 NMSA 1978] in which he requests that the court, after notice and hearing, enter an order probating a will; or\n(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\n(3) a petition in accordance with Subsection C of Section 3-402 [45-3-402 NMSA 1978] for an order that the decedent died intestate.\nB. 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.\nC. 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.\nD. 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.","path":["Chapter 45 - Uniform Probate Code","ARTICLE 3 Probate of Wills and Administration"],"source_url":"https://nmonesource.com/nmos/nmsa-unanno/en/item/18546/index.do","current_through":"2024-09-06","vintage":"","retrieved_at":"2026-09-03T15:02:19Z","sha256":"defa5fd11e0728105ca92c33906b93870298096f5f420027967644c2b0a12469","source_id":"us-nm","stale":false,"prev":"us-nm/45-3-311","next":"us-nm/45-3-402"},"notice":"GroundRules: Original legal text. Not legal advice."}