New Mexico Statutes

N.M. Stat. § 45-3-701 (2026)

Time of accrual of duties and powers.

✓ current as of May 2026

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A. The duties and powers of a personal representative commence upon his
appointment. The powers of a personal representative relate back in time to give acts
by the person appointed which are beneficial to the estate occurring prior to
appointment the same effect as those occurring thereafter.

    B. Prior to appointment, a person named personal representative in a will may carry
out written instructions of the decedent relating to his body, funeral and burial
arrangements.

   C. A personal representative may ratify and accept acts on behalf of the estate done
by others prior to the appointment of the personal representative where the acts would
have been proper for a personal representative.

History: 1953 Comp., § 32A-3-701, enacted by Laws 1975, ch. 257, § 3-701.

                                     ANNOTATIONS

Am. Jur. 2d, A.L.R. and C.J.S. references. — 31 Am. Jur. 2d Executors and
Administrators §§ 367 to 437, 522 to 531, 922 to 959.

Amount of funeral expenses allowable against decedent's estate, 4 A.L.R.2d 995.

Relation back of letters testamentary or of administration as validating prior sales of
decedent's property, 2 A.L.R.3d 1105.

Running of statute of limitations as affected by doctrine of relation back of appointment
of administrator, 3 A.L.R.3d 1234.

25A C.J.S. Dead Bodies § 2; 33 C.J.S. Executors and Administrators §§ 72, 142.

Notes of Decisions

Cited in 4 cases, 1998–2020 · leading case: Martinez v. Segovia, 62 P.3d 331 (N.M. Ct. App. 2002).

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Martinez v. Segovia, 62 P.3d 331 (N.M. Ct. App. 2002). · cites it 2× “” NMSA 1978, § 45-3-701(0 (1975). {18} Mrs.”

Nicosia v. Lash, 1998 NMCA 159 (N.M. Ct. App. 1998). · cites it 2× “Additionally, the Uniform Probate Code does not expressly provide for the appointment of a literary personal representative, see NMSA 1978, §§ 45-3-701 to -721 (1975, as amended through 1995), and no New Mexico case law exists recognizing a literary personal representative.”

Matter of Est. of Kerouac, 966 P.2d 191 (N.M. Ct. App. 1998). · cites it 2× “Since New Mexico uses the term "personal representative," we will use that term in our discussion. Additionally, the Uniform Probate Code does not expressly provide for the appointment of a literary personal representative, see NMSA 1978, §§ 45-3-701 to -721 (1975, as amended…”

Cradon Energy v. Energy Royalties (N.M. Ct. App. 2020). · cites it 4× “{19} Lastly, because foreign personal representatives who have complied with either Sections 45-4-204 or 45-4-207 exercise the same power as local personal representatives, we turn to Section 45-3-701(A) in order to determine when those powers commence.”

— N.M. Stat. § 45-3-701(A) — 1 case

Cradon Energy v. Energy Royalties (N.M. Ct. App. 2020). “{19} Lastly, because foreign personal representatives who have complied with either Sections 45-4-204 or 45-4-207 exercise the same power as local personal representatives, we turn to Section 45-3-701(A) in order to determine when those powers commence.”

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