Detailed Answer
Under New Mexico law, an interested party may petition the probate court to remove a personal representative (estate administrator) who neglects or refuses to fulfill their duties. New Mexico Statutes Annotated (NMSA) 1978 section 45-3-501 sets out grounds for removal, including misconduct, failure to account, or disobedience to court orders (NMSA 1978, § 45-3-501).
To start, file a written motion or petition in the probate case where the estate is open. The petition must detail specific instances of neglect or refusal—such as missing deadlines for inventory and appraisal, failure to communicate with heirs, or unauthorized transactions. Serve the petition on all interested parties as required by NMSA 1978, § 45-3-502 (NMSA 1978, § 45-3-502).
After service, the court will schedule a hearing. At the hearing, present evidence such as correspondence, missed filings, or bank statements showing mismanagement. If the court finds sufficient cause, it can remove the current personal representative and appoint a successor under NMSA 1978, § 45-3-603 (NMSA 1978, § 45-3-603) or direct the clerk to nominate a replacement.
Helpful Hints
- Review the probate court’s local rules on motion practice and deadlines.
- Collect clear documentation of missed deadlines, lack of accounting or communication.
- Ensure proper service on all heirs and creditors to avoid delays.
- Consider alternative dispute resolution to resolve minor issues without full removal.
- Consult a probate attorney if the case involves complex assets or conflicts.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to discuss your specific situation.