Except as otherwise ordered in formal proceedings, if a personal representative is appointed and then, at a later time, the will under which he is acting is invalidated or if a will is later proved, changing an assumption of intestacy under which the personal representative is acting, his office is not automatically terminated although his powers may be reduced as provided in Section 3-401 [45-3-401 NMSA 1978]. The personal representative's office terminates only on appointment of a new personal representative. If no new personal representative is sought, the existing personal representative can continue to act under the new testacy status.

History: 1953 Comp., § 32A-3-612, enacted by Laws 1975, ch. 257, § 3-612.

Official comments. — See Commissioners on Uniform State Law official comment to 3-612 UPC.

Compiler's notes. — This section is similar to former 31-1-25, 1953 Comp.

Invalidity of will not basis for removal. — The court erred in removing the personal representative of the estate without conducting an evidentiary hearing and without expressly specifying the basis for his removal. The fact that portions of the decedent's will were determined to be invalid did not constitute a valid basis for removal of the personal representative. In re Estate of Boyer, 1994-NMCA-005, 117 N.M. 74, 868 P.2d 1299.

Am. Jur. 2d, A.L.R. and C.J.S. references. — Probate of will subsequently discovered or annulment of will as affecting removal of administrator, 8 A.L.R. 177.

Revocation of grant of administration, on ground that administration is not necessary, 70 A.L.R. 386.

Statute dealing with existing intestate administration, upon discovery of will, 65 A.L.R.2d 1202.

33 C.J.S. Executors and Administrators § 78; 34 C.J.S. Executors and Administrators § 1039.