New Mexico Statutes

N.M. Stat. § 45-1-101 (2026)

Short title.

✓ current as of May 2026

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Chapter 45 NMSA 1978 may be cited as the "Uniform Probate Code".

History: 1953 Comp., § 32A-1-101, enacted by Laws 1975, ch. 257, § 1-101; 1993, ch.
174, § 2.

                                    ANNOTATIONS

Cross references. — For estate taxes, see 7-7-1 to 7-7-12 NMSA 1978.

For disposition of unclaimed property, see 7-8A-1 NMSA 1978.

For probate courts, see 34-7-1 NMSA 1978 et seq.

For additional record or docket of decedents' estates, see 34-7-20 NMSA 1978.

For record of bonds and wills, see 34-7-21 NMSA 1978.

For probate court forms, see 4B-001 NMRA.

The 1993 amendment, effective July 1, 1993, substituted "Chapter 45 NMSA 1978" for
"This act" and inserted "Uniform".

Law reviews. — For article, "Intestate Succession and Wills Law: The New Probate
Code," see 6 N.M.L. Rev. 25 (1975).
For survey, "Article VII of the New Probate Code: In Pursuit of Uniform Trust
Administration," see 6 N.M.L. Rev. 213 (1976).

For comment, "In-Migration of Couples from Common Law Jurisdictions: Protecting the
Wife at the Dissolution of the Marriage," see 9 N.M.L. Rev. 113 (1978-79).

For article, "Survey of New Mexico Law, 1979-80: Estates and Trusts," see 11 N.M.L.
Rev. 151 (1981).

For annual survey of New Mexico law relating to estates and trusts, see 12 N.M.L. Rev.
363 (1982).

For annual survey of New Mexico law relating to estates and trusts, see 13 N.M.L. Rev.
395 (1983).

For article, "Survey of New Mexico Law, 1982-83: Estates and Trusts," see 14 N.M.L.
Rev. 153 (1984).

For annual survey of New Mexico law of estates and trusts, 19 N.M.L. Rev. 669 (1990).

For annual survey of New Mexico Law of Wills and Trusts, see 20 N.M.L. Rev. 439
(1990).

For article, "The New Mexico Uniform Trust Code," see 34 N.M.L. Rev. 1 (2004).

Notes of Decisions

Cited in 38 cases (5 in the last 5 years), 1981–2024 · leading case: Smialek v. Begay, 721 P.2d 1306 (N.M. 1986).

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Smialek v. Begay, 721 P.2d 1306 (N.M. 1986). · cites it 4× “1982)) and Section 45-3-902 of the Probate Code (NMSA 1978, §§ 45-1-101 through 45-7-401), discuss the order of priorities of those claiming benefits for or assets of a deceased's estate, but a Section 1983 claim deals with the claimant's personal right, not the right of the…”

In Re Est. of Baca, 984 P.2d 782 (N.M. Ct. App. 1999). · cites it 4× “{17} Turning to the merits, we start by emphasizing that one of the primary purposes of New Mexico's Uniform Probate Code (Probate Code), NMSA 1978, §§ 45-1-101 to 45-7-612 (1975, as amended through 1998), "is to promote and facilitate the speedy administration and closing of…”

Matter of Est. of Newalla, 837 P.2d 1373 (N.M. Ct. App. 1992). · cites it 2× “We now examine the implications of this law in the context of formal proceedings under the New Mexico Probate Code, NMSA §§ 45-1-101 to 45-3-1302 (Repl. Pamp.”

Matter of Ferrill, 640 P.2d 489 (N.M. Ct. App. 1981). · cites it 2× “Section 45-1-306 provides: *496 If demanded, in the manner provided by the Rules of Civil Procedure, a party is entitled to a trial by jury in a formal testacy proceeding and in any proceeding in which any controverted question of fact arises as to which any party has a…”

In re Est. of McElveny, 2017 NMSC 24 (N.M. 2017). · cites it 2× “Consequently, estate representatives like Petitioner, Michael Phillips (Phillips), who seek to claim estate assets held as unclaimed property by Respondent, the New Mexico Department of Taxation and Revenue (Department), cannot circumvent the UPA’s claim filing provisions by…”

Clinesmith v. Temmerman, 2013 NMCA 24 (N.M. Ct. App. 2012). · cites it 2× “SeeNMSA 1978, §§ 45-1-101 to -7-612 (1975, as amended through 2012).”

Matter of Est. of Gardner, 845 P.2d 1247 (N.M. Ct. App. 1992). · cites it 2× “Gholson (Gholson), the personal representative of the estate of her mother, Elizabeth Dycus Gardner (decedent), appeals a judgment of the district court rendered under the Probate Code, NMSA 1978, §§ 45-1-101 to 45-7-401 (Repl.”

In Re the Est. of Duncan, 50 P.3d 175 (N.M. Ct. App. 2002). · cites it 2× “Under the Uniform Probate Code (UPC), NMSA 1978, § 45-1-101 through 45-8-9 (1998), courts overseeing probate matters do not have this restriction.”

Oldham v. Oldham, 247 P.3d 736 (N.M. 2011). “{11} To resolve this case we must read Section 4(M-20(B) together with the Uniform Probate Code (UPC), NMSA 1978, Sections 45-1-101 to -9A-13 (1975, as amended through 2009), and the Uniform Trust Code (UTC), NMSA 1978, Sections 46A-1-101 to -11-1105 (2003, as amended through…”

Gushwa v. Hunt, 2007 NMCA 121 (N.M. Ct. App. 2007). · cites it 2× “The UPC, as adopted by New Mexico, provides that a will may be revoked in one of the following ways: (1) by executing a subsequent will that revokes the previous will or part expressly or by inconsistency; or (2) by performing a revocatory act on the will if the testator…”

In Re the Est. of Armijo, 995 P.2d 487 (N.M. Ct. App. 2000). · cites it 2× “We believe this question is controlled by the provisions of the Uniform Probate Code, NMSA 1978, §§ 45-1-101 to -8-9 (1975, as amended through 1998) that were in effect when the will was executed.”

Chance v. Kitchell, 659 P.2d 895 (N.M. 1983). “§§ 45-1-101 through 45-7-401, N.M.S.A. 1978 (Orig.”

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