N.M. Stat. Ann. § 45-3-706
History: 1953 Comp., § 32A-3-706, enacted by Laws 1975, ch. 257, § 3-706; 1976 (S.S.), ch. 37, § 9; 1977, ch. 121, § 7; 1983, ch. 194, § 5.
Official comments. — See Commissioners on Uniform State Law official comment to 3-706 UPC.
Compiler's notes. — This section is similar to former 31-3-2, 1953 Comp.
Breach of duty. — A personal representative failed to report all the estate assets as required by 45-3-706 NMSA 1978 since, although the personal representative's appraisal and inventory included the estate funds, it did not include the 300-acre property bequeathed to the personal representative and the personal representative's siblings, which was significant because, if the deceased sibling’s children were denied their inheritance under 45-2-608 NMSA 1978, they were entitled to one-fourth of that property and one-fourth of the cash under 45-2-302 NMSA 1978. In re Estate of Gardner, 1992-NMCA-122, 114 N.M. 793, 845 P.2d 1247.
Am. Jur. 2d, A.L.R. and C.J.S. references. — Surchargeability of trustee, executor, administrator or guardian with respect to mortgage investment, as affected by matters relating to value of property, 117 A.L.R. 871.
Delay of executor or administrator in filing inventory, account, or other report, or in completing administration and distribution of estate, as ground for removal, 33 A.L.R.4th 708.
33 C.J.S. Executors and Administrators § 95.