1. A. The probate court shall be located at the county seat unless another location is designated by ordinance of the board of county commissioners.
2. B. The board of county commissioners shall provide adequate quarters for the probate court, including necessary furnishings, equipment, books, supplies, utilities, upkeep and maintenance.
3. C. Except as otherwise specifically provided by law, all expenses of the probate court, including salary and benefits of the judge, shall be paid from the county general fund in accordance with the court budget approved by the board of county commissioners.

History: Laws 1869-1870, ch. 51, § 1; C.L. 1884, § 415; C.L. 1897, § 749; Code 1915, § 1426; C.S. 1929, § 34-404; 1941 Comp., § 16-405; 1953 Comp., § 16-4-5; 1978 Comp., § 34-7-4, repealed and reenacted by Laws 2023, ch. 44, § 4.

ANNOTATIONS

Repeals and reenactments. — Laws 2023, ch. 44, § 4 repealed former 34-7-4 NMSA 1978 and enacted a new section, effective July 1, 2023.

Cross references. — For penalty for violating this section, see 34-7-5 NMSA 1978.

For county clerk serving as probate court clerk if no other provision is made, see N.M. Const., art. VI, § 22.

For sheriff attending sessions, see 4-41-13, 4-41-16 NMSA 1978.

Removal to new county seat. — A county is authorized to remove to a properly selected new county seat all county offices and property pertaining thereto, if new courthouse and jail are ready for occupancy. Orchard v. Board of Comm'rs, 1938-NMSC-011, 42 N.M. 172, 76 P.2d 41.

Office need not be in courthouse or designated space. — This section only requires that office of the probate judge be located within the county seat; hence, it need not necessarily be in the courthouse or within some space designated by the county commissioners. 1943 Op. Att'y Gen. No. 43-4406.

County clerk cannot be paid additional salary for serving as probate clerk. 1943 Op. Att'y Gen. No. 43-4365.