Any interested person desiring notice of any order or filing pertaining to a decedent's estate may at any time after the death of the decedent file a demand for notice with the clerk of the court in which the proceedings for the decedent's estate are being conducted or in the district court of the county where they would be pending if commenced. A person commencing a proceeding for a decedent's estate in probate court shall inquire of the clerk of the district court for that county whether any demand for notice has been filed prior to commencing a proceeding in the probate court. The demand for notice shall state the name of the decedent, the nature of the demandant's interest in the estate and the demandant's address or that of his attorney. The clerk shall mail a copy of the demand to the personal representative if one has been appointed. After filing of a demand, no order or filing to which the demand relates shall be made or accepted without notice as prescribed in Section 45-1-401 NMSA 1978 to the demandant or his attorney. The validity of an order which is issued, or filing which is accepted, without compliance with this requirement shall not be affected by the error, but the applicant or petitioner receiving the order or the person making the filing may be liable for any damage caused by the absence of notice. The requirement of notice arising from a demand under this provision may be waived in writing by the demandant and shall cease upon the termination of his interest in the estate.

History: 1953 Comp., § 32A-3-204, enacted by Laws 1975, ch. 257, § 3-204; 1983, ch. 194, § 4.

Official comments. — See Commissioners on Uniform State Law official comment to 3-204 UPC.

Compiler's notes. — This section is similar to former 31-5-2, 1953 Comp.

Cross references. — For method of giving notice, see 45-1-401 NMSA 1978.

For waiver of notice, see 45-1-402 NMSA 1978.

For notice to represented interests, see 45-1-403 NMSA 1978.

For informal probate, see 45-3-306 NMSA 1978.

For formal testacy proceedings, see 45-3-403 NMSA 1978.

For formal appointment of personal representative, see 45-3-414 NMSA 1978.

For notice to creditors, see 45-3-801 NMSA 1978.

For demand for notice of protective proceedings, see 45-5-406 NMSA 1978.

Notice of holders of contingent equitable interests. — Holders of contingent equitable interests in an estate are not required to be given notice without request of hearing upon final accounting and report of the executors because: (1) a probate proceeding is a special statutory proceeding, (2) there is no ambiguity in the statute governing who shall receive notice, (3) provisions for notice to beneficiaries under a trust were not utilized, and (4) beneficiaries of a trust are represented and protected legally by the trustee. In re Hickok, 1956-NMSC-035, 61 N.M. 204, 297 P.2d 866 (decided under prior law).

Am. Jur. 2d, A.L.R. and C.J.S. references. — 80 Am. Jur. 2d Wills § 932.

Duty and liability of executor with respect to locating and notifying legatees, devisees or heirs, 10 A.L.R.3d 547.

33 C.J.S. Executors and Administrators § 53.