A. Upon receipt of an application for informal appointment of a personal representative (other than a special administrator as provided in Section 45-3-614 NMSA 1978), if at least one hundred twenty hours have elapsed since the decedent's death, the probate or the district court, after making the findings required by Section 45-3-308 NMSA 1978, shall appoint the applicant subject to qualification and acceptance. However, if the decedent was a nonresident, the probate or the district court shall delay the order of appointment until thirty days have elapsed since death unless the personal representative appointed at the decedent's domicile is the applicant, or unless the decedent's will directs that his estate be subject to the laws of New Mexico.
B. The status of personal representative and the powers and duties pertaining to the office are fully established by informal appointment. An appointment, and the office of personal representative created thereby, is subject to termination as provided in Sections 45-3-608 through 45-3-612 NMSA 1978, but is not subject to retroactive vacation.
History: 1953 Comp., § 32A-3-307, enacted by Laws 1975, ch. 257, § 3-307; 1976 (S.S.), ch. 37, § 8; 1978, ch. 159, § 8.
Official comments. — See Commissioners on Uniform State Law official comment to 3-307 UPC.
Jurisdictional effect of informal appointment. — The district court had jurisdiction to enter a closing order absent an order entered on a formal petition for appointment challenging the informally appointed personal representative, since the status of personal representative and the powers and duties pertaining to the appointment are fully established by informal appointment, (45-3-307 NMSA 1978), and a personal representative may petition for an order of complete settlement of an estate at any time (45-3-1001 NMSA 1978). In re Estate of Lopez, 1987-NMCA-087, 106 N.M. 157, 740 P.2d 707.
Am. Jur. 2d, A.L.R. and C.J.S. references. — Adverse interest or position as disqualification for appointment of administrator, executor, or other personal representative, 11 A.L.R.4th 638.
33 C.J.S. Executors and Administrators §§ 63, 72.
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