A. Until termination of a personal representative's appointment, a personal representative has the same power over the title to property of the estate that an absolute owner would have, in trust however, for the benefit of creditors whose claims have been allowed and others interested in the estate. This power may be exercised without notice, hearing or order of court.
B. A personal representative has access to and authority over a digital asset of the decedent to the extent provided by the Revised Uniform Fiduciary Access to Digital Assets Act [46-13-1 to 46-13-18 NMSA 1978].
History: 1953 Comp., § 32A-3-711, enacted by Laws 1975, ch. 257, § 3-711; 2017, ch. 72, § 19.
The 2017 amendment, effective January 1, 2018, provided that a personal representative has authority over digital assets of the decedent to the extent provided by the Revised Uniform Fiduciary Access to Digital Assets Act; added subsection designation "A."; in Subsection A, after "termination of", deleted "his" and added "a personal representative", after "absolute owner would have", deleted "subject only to his trust to use and apply the property" and added "in trust however", and after "benefit of creditors", added "whose claims have been allowed"; and added Subsection B.
Official comments. — See Commissioners on Uniform State Law official comment to 3-711 UPC.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 33 C.J.S. Executors and Administrators § 184.
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