N.M. Stat. § 45-1-302 (2026)

A. The district court has exclusive original jurisdiction over all subject matter relating
to:

        (1)   formal proceedings with respect to the estates of decedents, including
determinations of testacy, appointment of personal representatives, constructions of
wills, administration and expenditure of funds of estates, determination of heirs and
successors of decedents and distribution and closing of estates;
       (2)    estates of missing and protected persons;

       (3)    protection of incapacitated persons and minors;

       (4)    survivorship and related accounts and similar property interests;

       (5)    disclaimer of interests in property;

       (6)    apportionment of taxes on estates; and

       (7)    governing instruments except wills.

    B. The district court in formal proceedings shall have jurisdiction to determine title to
and value of real or personal property as between the estate and any interested person,
including strangers to the estate claiming adversely thereto. The district court has full
power to make orders, judgments and decrees and to take all other action necessary
and proper to administer justice in matters that come before it.

   C. The probate court and the district court have original jurisdiction over informal
proceedings for probate of a will or appointment of a personal representative.

History: 1953 Comp., § 32A-1-302, enacted by Laws 1975, ch. 257, § 1-302; 1978, ch.
159, § 2; 2011, ch. 124, § 7.

                                      ANNOTATIONS

Cross references. — For jurisdiction and powers of probate courts, see N.M. Const.,
art. VI, § 23.

For commencement of formal testacy proceedings, see 45-3-401 NMSA 1978.

The 2011 amendment, effective January 1, 2012, conferred jurisdiction on the district
court over survivorship accounts and similar property interests, disclaimers of interests
in property and governing instruments other than wills.

Regulation of jurisdiction by legislature. — The legislature may regulate the
jurisdiction of probate and district courts, with reference to the administration of estates.
First Nat'l Bank v. Dunbar, 1924-NMSC-068, 32 N.M. 419, 258 P. 817.

Nature of proceedings. — Once a district court has jurisdiction, it can shift back and
forth between formal and informal probate proceedings. In re Estate of Duncan, 2002-
NMCA-069, 132 N.M. 426, 50 P.3d 175, rev’d on other grounds sub nom., Estate of
Duncan v. Kinsolving, 2003-NMSC-013, 133 N.M. 821, 70 P.3d 1260.

General civil jurisdiction in formal probate proceedings. — District courts sitting in
probate possess general civil jurisdiction in formal probate proceedings; therefore, a trial
court had jurisdiction to liquidate a business pursuant to either 45-3-911 or 53-16-16
NMSA 1978. Harrington v. Bannigan, 2000-NMCA-058, 129 N.M. 266, 5 P.3d 1070.

The Unclaimed Property Act’s administrative process is exclusive and
mandatory, and therefore the district court is without jurisdiction to decide claims
for unclaimed property. — Where petitioner was appointed the personal
representative of his deceased grandfather’s estate, and where the probate court, at
petitioner’s request, issued an order directing the New Mexico taxation and revenue
department (department) to release $70,000 of unclaimed property that belonged to
decedent, and where the probate court transferred the case to the district court when
the department refused to release the property, the district court’s order directing the
department to comply with the probate court and release the unclaimed property to
petitioner was invalid, because the administrative claim filing provisions of the
Unclaimed Property Act, 7-8A-1 to 7-8A-31 NMSA 1978, are exclusive and mandatory,
and therefore the district court did not have jurisdiction to determine that the property
was estate property or to enforce the probate court’s order as the probate court had no
authority to order the department to release the unclaimed property to petitioner. In re
Estate of McElveny, 2017-NMSC-024, rev’g 2015-NMCA-080, 355 P.3d 75.

Jurisdiction of district courts in formal probate proceedings. — The legislature
intended to confer upon district courts general civil jurisdiction in formal probate
proceedings; therefore, a district court had jurisdiction to order the taxation and revenue
department to release unclaimed property of decedent to petitioner, as personal
representative of decedent’s estate, notwithstanding the procedures set forth in 7-8A-15
NMSA 1978 of the Uniform Unclaimed Property Act for acquiring unclaimed property. In
re Estate of McElveny, 2015-NMCA-080, cert. granted, 2015-NMCERT-007.

Declaratory judgment jurisdiction. — Since jurisdiction for the construction of wills
has been lodged in New Mexico courts of general jurisdiction, a declaratory action
construing the terms of a will as a civil suit or controversy is within that court’s
jurisdiction. Cosby v. Shackelford, 408 F.2d 1144 (10th Cir.1969).

Bankruptcy court jurisdiction. — The bankruptcy court lacked jurisdiction to declare
debtor as the personal representative, impose fiduciary duties upon her, seek a
determination of what property was in the probate estate, assess penalties against her
for any damages resulting from the alleged breaches of fiduciary duty, and to receive
payment as if a probate had been filed, since these are matters within the exclusive
jurisdiction of the district courts under 45-1-302 NMSA 1978. Morrison Supply Co. v.
Dalton, 415 B.R. 838 (2009).

District court had jurisdiction to void incapacitated person’s estate plan. — Where
the district court appointed a guardian and conservator to protect the person and assets
of the incapacitated person who was suffering from Alzheimer’s disease; after the
conservator was appointed and without notifying the district court, the conservator, or
the guardian ad litem, the spouse of the incapacitated person and the spouse’s attorney
met with the incapacitated person; during the meeting, the incapacitated person
executed a new estate plan giving the spouse control of the incapacitated person’s
estate; and the conservator tried to stop the meeting and the execution of the new
estate plan, the district court had general civil jurisdiction over the conservatorship and
jurisdiction to void the new estate plan prior to the death of the incapacitated person.
Clinesmith v. Temmerman, 2013-NMCA-024, 298 P.3d 458, cert. denied, 2013-
NMCERT-001.

Law reviews. — For survey, "Article VII of the New Probate Code: In Pursuit of Uniform
Trust Administration," see 6 N.M.L. Rev. 213 (1976).

For article, "Habeas Corpus in New Mexico," see 11 N.M.L. Rev. 291 (1981).

Am. Jur. 2d, A.L.R. and C.J.S. references. — 20 Am. Jur. 2d Courts § 14 et seq.; 46
Am. Jur. 2d Judgments § 50.

Power to punish for contempt, 8 A.L.R. 1551, 54 A.L.R. 322, 73 A.L.R. 1187.

Power of probate court to require attorney to return to estate or trust overpayment on
account of fees or services, 70 A.L.R. 478.

Situs of corporate stock for purposes of probate jurisdiction and administration, 72
A.L.R. 179.

Election as to taking under will, jurisdiction to grant relief from, 81 A.L.R. 760, 71
A.L.R.2d 942.

Jurisdiction of probate court to determine title to property which personal representative
claims in his own right, 90 A.L.R. 134.

Power to accept resignation of executors and administrators, 91 A.L.R. 713.

Mandamus to compel approval of bond, 92 A.L.R. 1211.

Statute as source of jurisdiction and power of probate court, 104 A.L.R. 348.

Jurisdiction in proceeding for probate of will to adjudicate as to other will not offered for
probate, 119 A.L.R. 1099.

Restoration to competency, jurisdiction of court after adjudication of, as regards claims
against former incompetent, 128 A.L.R. 1386.

Probate of will and proceedings subsequent thereto as affecting right to probate later
codicil of will, and rights and remedies of parties thereunder, 157 A.L.R. 1351.

Probate of joint, mutual and reciprocal wills, 169 A.L.R. 81.
Relative rights to real property as between purchasers from or through decedent's heirs
and devisees under will subsequently sought to be established, 22 A.L.R.2d 1107.

Estoppel to contest will or attack its validity, 28 A.L.R.2d 116, 78 A.L.R.4th 90.

Availability of replevin or similar possessory action to one not claim as heir, legatee, or
creditor of decedent's estate, against personal representative, 42 A.L.R.2d 418.

Power and responsibility of executor or administrator as to compromise or settlement of
action or cause of action for death, 72 A.L.R.2d 285.

Statute limiting time for probate of will as applicable to will probated in another
jurisdiction, 87 A.L.R.2d 721.

What circumstances excuse failure to submit will for probate within time limit set by
statute, 17 A.L.R.3d 1361.

Probate in state where assets are found, of will of nonresident which has not been
admitted to probate in state of domicile, 20 A.L.R.3d 1033.

Adopted child as subject to protection of statute regarding rights of children pretermitted
by will, or statute preventing disinheritance of child, 43 A.L.R.4th 947.

Modern status of jurisdiction of federal courts, under 28 USCS § 1332(a), of diversity
actions affecting probate or other matters concerning administration of decedents'
estates, 61 A.L.R. Fed. 536.

21 C.J.S. Courts §§ 18 to 35; 43 C.J.S. Infants § 124; 90 C.J.S. Trusts §§ 217, 454,
472; 95 C.J.S. Wills § 351; 96 C.J.S. Wills §§ 1074 to 1077.