1. A. All proceedings transferred from the probate court to the district court shall be docketed as other causes in that court, which court shall exercise the same authority and take the same steps and proceedings as would have otherwise been taken in the probate court.
2. B. If a case was properly filed within the jurisdiction of the probate court and later transferred to the district court, no filing fee shall be charged in the district court.

History: Laws 1933, ch. 102, § 2; 1941 Comp., § 16-413; 1953 Comp., § 16-4-13; 1978 Comp., § 34-7-10; 2023, ch. 44, § 8.

ANNOTATIONS

The 2023 amendment, effective July 1, 2023, provided that no filing fee shall be charged in the district court when a case is properly filed in the probate court and later transferred to the district court; added the section heading "Proceedings in district court"; in Subsection A, after "All proceedings transferred", added "from the probate court to the district court"; and added Subsection B.

Jurisdiction of district court. — Where a probate proceeding was removed from a probate court to a district court, the district court possessed only such jurisdiction in the premises as that enjoyed by the probate court. In re Conley's Will, 1954-NMSC-112, 58 N.M. 771, 276 P.2d 906.