Executor Resignation and Removal Requirements in New Mexico

At a glance

Requirements one by one

New Mexico's Uniform Probate Code uses personal representative for the appointed estate fiduciary. Acceptance submits the representative personally to the appointing court's jurisdiction for estate proceedings brought by an interested person.

Any interested person may petition for removal at any time

Under NMSA 1978 § 45-3-611(A), any interested person may file the removal petition for cause at any time. The district court fixes the hearing's time and place. The petitioner gives notice to the representative and anyone else the court directs.

The statute does not state an express court-own-motion removal route. It does give a domiciliary personal representative a specialized path: unless the will directs otherwise, that representative may obtain removal of the New Mexico local representative while securing ancillary appointment for self or a nominee.

A surety has no express general removal petition. Bond proceedings may be brought against the surety by a successor representative, another representative of the decedent, or an interested person.

The six cause categories are discretionary

Cause exists when:

• removal would be in the estate's best interests;
• the representative or the person seeking the appointment intentionally misrepresented material appointment facts;
• the representative disregarded a district-court order;
• the representative became incapable of discharging office duties;
• the representative mismanaged the estate; or
• the representative failed to perform any office duty.

The statute establishes cause but does not say the court must remove after a cause finding. Likewise, failure to meet an interested-person bond demand within 30 days is “cause for” removal, not automatic removal.

Death or appointment of a conservator for the representative's estate does automatically terminate appointment under § 45-3-609. A later change in testacy status does the opposite: it does not automatically terminate office. Unless the court orders otherwise, the existing representative continues until a new one is appointed and may continue under the new status if no replacement is sought.

Resignation has a 15-day notice and delivery conditions

Section 45-3-610(C) requires a written statement of resignation filed with the court after at least 15 days' written notice to known interested persons.

For a sole representative, no timely successor application or petition makes the filed statement ineffective. Even when a successor is sought, resignation does not terminate appointment until that successor is appointed and qualified and the assets are delivered.

For a corepresentative, resignation becomes effective only when the resigning representative delivers the possessed assets to the remaining corepresentatives. The section does not require beneficiary consent or a separate judicial acceptance order.

Notice of removal immediately narrows authority

After receipt of removal-proceeding notice, the representative may act only to account, correct maladministration, or preserve the estate, unless the district court orders otherwise under § 45-3-607. If removal is ordered, the court must direct disposition of assets remaining in the representative's name or control.

On petition of a person who appears to have an estate interest, § 45-3-607 allows a temporary order restraining specified administration, disbursement, distribution, powers, or duties, or another order securing proper performance. The matter must be heard within 10 days. Notice goes to the representative, counsel of record, and anyone else the court directs.

A formal special administrator provides a second protective route. On an interested person's petition and after notice and hearing, the district court may appoint one when necessary to preserve the estate or secure proper administration, including when the general representative cannot or should not act. An emergency permits appointment without notice.

Termination does not erase liability or turnover duties

Under § 45-3-608, termination does not discharge liability for earlier transactions or omissions. It also does not relieve the duty to preserve controlled assets, account, and deliver them. The court retains jurisdiction over the former representative even though authority to represent the estate in pending or future proceedings ends.

For a supervised administration, accounts are due at least annually, at closing, and on resignation or removal. The district court may require a physical check of the controlled estate in any manner it specifies.

An interested person with an estate interest above $7,500, or a creditor with a claim above $7,500, may make the statutory written bond demand. After notice and until bond is filed or the requirement ends, the representative may act only as necessary to preserve the estate. Missing the bond requirement for 30 days supplies removal cause.

The representative is entitled to reasonable compensation and may file a written renunciation of some or all compensation. The removal provisions do not state an automatic compensation forfeiture.

Successor and surviving representatives continue administration

Successor appointment follows the ordinary informal or formal appointment provisions. After appointment and qualification, the successor is substituted in all actions and proceedings involving the former representative. A notice, process, or claim already served or given need not be repeated to preserve the position or right it created.

Unless the district court orders otherwise, the successor has the former representative's continued-administration powers and duties. Section 45-3-716 adds the duty to complete administration and distribution as expeditiously as possible, while withholding will powers expressly made personal to the named representative.

When one of several representatives dies, becomes disabled, or is removed, the remaining representatives proceed with administration and hold all powers of the office unless the will provides otherwise.

The special administrator may receive full general-representative power or a narrower specified term, act, property assignment, or other court-directed limit. Informal special administration includes collection, management, preservation, accounting, and delivery to the qualified general representative.

Effectiveness is statutory; no special appeal rule appears

The surveyed Article 3 provisions state no removal-specific appeal, stay, temporary-on-appeal appointment, or reinstatement rule.

They do specify the effective transition. Removal notice immediately limits acts. A removal order directs asset disposition. Termination ends office power except necessary protection and delivery acts, while leaving prior liability, accounting, preservation, and delivery duties intact. Resignation waits for the statutory successor or corepresentative delivery conditions, and successor qualification triggers substitution and continued authority.

Statutes and sources

• NMSA 1978 §§ 45-3-602 and 45-3-605 to 45-3-607 — jurisdiction, bond demand, surety proceeding, temporary restraint, notice, and 10-day hearing. Official Chapter 45 master (accessed August 28, 2026).
• NMSA 1978 §§ 45-3-608 to 45-3-613 — termination, resignation, removal standing and grounds, notice, restricted authority, turnover, testacy change, and successor substitution. Official Chapter 45 master (accessed August 28, 2026).
• NMSA 1978 §§ 45-3-614 to 45-3-618 — special-administrator selection, emergency appointment, powers, duties, and termination. Official Chapter 45 master (accessed August 28, 2026).
• NMSA 1978 §§ 45-3-505, 45-3-716, 45-3-718, and 45-3-719 — supervised accounts, successor and surviving representative powers, and compensation. Official Chapter 45 master (accessed August 28, 2026).