45-3-705. Duty of personal representative; notice to heirs and devisees.
A. Not later than ten days after his appointment, every personal representative, except any special administrator, shall give notice of his appointment to the heirs and devisees, including, if there has been no formal testacy proceeding and if the personal representative was appointed on the assumption that the decedent died intestate, the devisees in any will mentioned in the application or petition for appointment of a personal representative.
B. The notice shall be delivered or mailed to each of the heirs and devisees whose address is reasonably available to the personal representative. The duty does not extend to require notice to persons who have been adjudicated in a prior formal testacy proceeding to have no interest in the estate. The notice shall:
(1) include the name and address of the personal representative;
(2) indicate that it is being sent to persons who have or may have some interest in the estate being administered;
(3) indicate whether bond has been filed; and
(4) describe the court where papers relating to the estate are on file.
C. The notice shall state that the estate is being administered by the personal representative pursuant to the provisions of the Uniform Probate Code [45-1-101 NMSA 1978] without supervision by the court but that recipients are entitled to information regarding the administration from the personal representative and can petition the court in any matter relating to the estate, including distribution of assets and expenses of administration.
D. The personal representative shall file a statement with the appointing court giving the names and addresses of those persons notified pursuant to Subsection A of this section.
E. The personal representative's failure to give notice pursuant to this section is a breach of his duty to the persons concerned but does not affect the validity of his appointment, his powers or other duties. A personal representative may inform other persons of his appointment by delivery or mail.
45-3-705. Duty of personal representative; notice to heirs and devisees.
A. Not later than ten days after his appointment, every personal representative, except any special administrator, shall give notice of his appointment to the heirs and devisees, including, if there has been no formal testacy proceeding and if the personal representative was appointed on the assumption that the decedent died intestate, the devisees in any will mentioned in the application or petition for appointment of a personal representative.
B. The notice shall be delivered or mailed to each of the heirs and devisees whose address is reasonably available to the personal representative. The duty does not extend to require notice to persons who have been adjudicated in a prior formal testacy proceeding to have no interest in the estate. The notice shall:
(1) include the name and address of the personal representative;
(2) indicate that it is being sent to persons who have or may have some interest in the estate being administered;
(3) indicate whether bond has been filed; and
(4) describe the court where papers relating to the estate are on file.
C. The notice shall state that the estate is being administered by the personal representative pursuant to the provisions of the Uniform Probate Code [45-1-101 NMSA 1978] without supervision by the court but that recipients are entitled to information regarding the administration from the personal representative and can petition the court in any matter relating to the estate, including distribution of assets and expenses of administration.
D. The personal representative shall file a statement with the appointing court giving the names and addresses of those persons notified pursuant to Subsection A of this section.
E. The personal representative's failure to give notice pursuant to this section is a breach of his duty to the persons concerned but does not affect the validity of his appointment, his powers or other duties. A personal representative may inform other persons of his appointment by delivery or mail.
45-3-705. Duty of personal representative; notice to heirs and devisees.
A. Not later than ten days after his appointment, every personal representative, except any special administrator, shall give notice of his appointment to the heirs and devisees, including, if there has been no formal testacy proceeding and if the personal representative was appointed on the assumption that the decedent died intestate, the devisees in any will mentioned in the application or petition for appointment of a personal representative.
B. The notice shall be delivered or mailed to each of the heirs and devisees whose address is reasonably available to the personal representative. The duty does not extend to require notice to persons who have been adjudicated in a prior formal testacy proceeding to have no interest in the estate. The notice shall:
(1) include the name and address of the personal representative;
(2) indicate that it is being sent to persons who have or may have some interest in the estate being administered;
(3) indicate whether bond has been filed; and
(4) describe the court where papers relating to the estate are on file.
C. The notice shall state that the estate is being administered by the personal representative pursuant to the provisions of the Uniform Probate Code [45-1-101 NMSA 1978] without supervision by the court but that recipients are entitled to information regarding the administration from the personal representative and can petition the court in any matter relating to the estate, including distribution of assets and expenses of administration.
D. The personal representative shall file a statement with the appointing court giving the names and addresses of those persons notified pursuant to Subsection A of this section.
E. The personal representative's failure to give notice pursuant to this section is a breach of his duty to the persons concerned but does not affect the validity of his appointment, his powers or other duties. A personal representative may inform other persons of his appointment by delivery or mail.
