A. Sections 3-301 through 3-311 [45-3-301 to 45-3-311 NMSA 1978] and 3-401 through 3-414 [45-3-401 to 45-3-414 NMSA 1978] govern proceedings for appointment of a personal representative to succeed one whose appointment has been terminated.
B. After appointment and qualification, a successor personal representative shall be substituted in all actions and proceedings to which the former personal representative was a party, and no notice, process or claim which was given or served upon the former personal representative need be given or served upon the successor in order to preserve any position or right the person giving the notice or filing the claim may thereby have obtained or preserved with reference to the former personal representative.
C. Except as otherwise ordered by the district court, the successor personal representative has the powers and duties in respect to the continued administration which the former personal representative would have had if his appointment had not been terminated.
History: 1953 Comp., § 32A-3-613, enacted by Laws 1975, ch. 257, § 3-613.
Official comments. — See Commissioners on Uniform State Law official comment to 3-613 UPC.
Attorney's fees. — Where special administrator and no personal representative had been appointed and special administrator had a duty to probate the decedent's will, although the will was found to be invalid, the special administrator was entitled to recover attorney's fees and costs. In re Will of Ferrill, 1983-NMSC-030, 99 N.M. 503, 660 P.2d 593.
Am. Jur. 2d, A.L.R. and C.J.S. references. — Effect of proceeding to supplant administrator or executor, or of appeal from order appointing or removing him, upon rights of persons who dealt with him pending such proceedings or appeal, 99 A.L.R. 862.
33 C.J.S. Executors and Administrators §§ 48, 88.
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