Rule 1B-101 NMRA
Rule 1B-101. Scope of rules; probate court jurisdiction; title; citation form.
A. Scope. These rules govern procedures in all informal probate proceedings in the
probate courts of New Mexico. While probate cases may also be opened in district
court, these rules specifically govern probate cases opened in the county probate
courts. The rules shall be construed and enforced to ensure the prompt and efficient
resolution of probate proceedings. Probate courts shall make no other rules to govern
the conduct of probate proceedings. If no procedure is specifically prescribed by rule or
statute, a probate court may proceed in any lawful manner not inconsistent with these
rules or the Probate Code.
B. Probate court jurisdiction.
(1)
In uncontested, informal probate proceedings, all relevant information may
be considered by the probate court.
(2)
A probate case shall be transferred to district court in accordance with
Rule 1B-701 NMRA if
(a) a formal appointment of personal representative is requested;
(b) a formal closing of the estate or administration is required by the Probate
Code or requested by any interested party;
(c) a contest arises as to the administration of an estate or probate of a will;
(d) a determination of testacy or heirship is requested by any interested party;
(e) a hearing is required to determine a matter involving the estate or the
administration of an estate; or
(f) transfer is requested by any interested party or ordered by the probate
judge.
C. Title. These rules shall be known as the Probate Court Rules.
D. Citation form. These rules shall be cited by set and rule number of the New
Mexico Rules Annotated, "NMRA," as Rule 1B-___ NMRA.