{"data":{"id":"us-nm/45-3-402","jurisdiction":"us-nm","citation":"45-3-402","heading":"Formal testacy or appointment proceedings; petition; contents.","body":"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:\n(1) contains the original will, unless excused under the provisions of Subsection B of this section;\n(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\n(3) contains the statements required for informal applications as stated in Subsection A of Section 3-301 [45-3-301 NMSA 1978] and the statements required by Paragraphs (1) through (3) of Subsection B of Section 3-301 [45-3-301 NMSA 1978].\nB. 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.\nC. 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 [45-3-301 NMSA 1978] 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 [45-3-301 NMSA 1978] may be omitted.","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":"79affb7451977756239d5befe20a17cf7e78975b62fc412daf811ab6d9245eba","source_id":"us-nm","stale":false,"prev":"us-nm/45-3-401","next":"us-nm/45-3-403"},"notice":"GroundRules: Original legal text. Not legal advice."}