Annual Trustee's Report and Trust Accounting (New Mexico Uniform Trust Code § 46A-8-813(C))
ANNUAL TRUSTEE'S REPORT AND ACCOUNTING
Pursuant to NMSA 1978 § 46A-8-813(C)
I. TRUST IDENTIFICATION
| Field | Detail |
|---|---|
| Name of Trust | [________________________________] |
| Date of Original Trust Instrument | [__/__/____] |
| Date(s) of Amendments / Restatements | [________________________________] |
| Settlor(s) | [________________________________] |
| Trust Tax ID / EIN | [____________________] |
| Principal Place of Administration (County, State) | [________________________________] |
| Governing Law | New Mexico (NMSA 1978 §§ 46A-1-101 et seq.) |
| District Court for Trust Proceedings (§ 46A-2-204) | [____________________] Judicial District, County of [________________________________] |
| Type of Report | ☐ Annual ☐ Final / Termination ☐ Vacancy of Trusteeship (Former Trustee) ☐ Interim |
| Accounting Period — From | [__/__/____] |
| Accounting Period — Through | [__/__/____] |
| Date Report Issued | [__/__/____] |
II. TRUSTEE
| Field | Detail |
|---|---|
| Name of Trustee | [________________________________] |
| Capacity | ☐ Sole Trustee ☐ Successor Trustee ☐ Co-Trustee ☐ Former Trustee (§ 46A-8-813(C) — vacancy report) |
| Trustee Type | ☐ Individual ☐ Corporate (Non-Bank) ☐ Regulated Financial Service Institution Qualified to Do Trust Business in NM |
| Address | [________________________________] |
| Telephone | [____________________] |
| [________________________________] | |
| Counsel for Trustee | [________________________________] |
| NM Bar No. of Counsel | [____________________] |
III. CO-TRUSTEES, TRUST DIRECTORS, AND TRUST PROTECTORS
| Name | Role | Address | Compensation Source / Amount |
|---|---|---|---|
| [____________________] | ☐ Co-Trustee ☐ Trust Director ☐ Trust Protector ☐ Other: [______] | [____________________] | [____________________] |
| [____________________] | ☐ Co-Trustee ☐ Trust Director ☐ Trust Protector ☐ Other: [______] | [____________________] | [____________________] |
IV. RECIPIENTS OF THIS REPORT
The following persons are entitled to or have requested this report under NMSA 1978 § 46A-8-813(C). Representation under § 46A-3-303 is noted where applicable.
| Name | Basis — § 46A-8-813(C) | § 46A-1-103(M) Qualification | Representation Under § 46A-3-303 |
|---|---|---|---|
| [____________________] | ☐ Distributee ☐ Permissible Distributee ☐ Qualified Beneficiary — Requested ☐ Nonqualified Beneficiary — Requested | ☐ (1) ☐ (2) ☐ (3) ☐ N/A | ☐ None ☐ Parent ☐ Guardian ☐ Conservator ☐ Agent under POA ☐ Personal Representative |
| [____________________] | ☐ Distributee ☐ Permissible Distributee ☐ Qualified Beneficiary — Requested ☐ Nonqualified Beneficiary — Requested | ☐ (1) ☐ (2) ☐ (3) ☐ N/A | ☐ None ☐ Parent ☐ Guardian ☐ Conservator ☐ Agent under POA ☐ Personal Representative |
| [____________________] | ☐ Distributee ☐ Permissible Distributee ☐ Qualified Beneficiary — Requested ☐ Nonqualified Beneficiary — Requested | ☐ (1) ☐ (2) ☐ (3) ☐ N/A | ☐ None ☐ Parent ☐ Guardian ☐ Conservator ☐ Agent under POA ☐ Personal Representative |
A. Beneficiaries Who Have Waived Receipt Under § 46A-8-813(D)
| Name | Date of Waiver | Scope of Waiver | Waiver Withdrawn (Y/N) |
|---|---|---|---|
| [____________________] | [__/__/____] | ☐ This report only ☐ Future reports ☐ All reports | ☐ N/A ☐ Withdrawn on [__/__/____] |
V. SUMMARY OF ACCOUNT
| Category | Beginning of Period | Receipts | Disbursements | Gain (Loss) on Sale / Other Changes | End of Period |
|---|---|---|---|---|---|
| Principal | $[____________] | $[____________] | $[____________] | $[____________] | $[____________] |
| Income | $[____________] | $[____________] | $[____________] | $[____________] | $[____________] |
| Total | $[____________] | $[____________] | $[____________] | $[____________] | $[____________] |
VI. SCHEDULE A — TRUST ASSETS AT END OF PERIOD (§ 46A-8-813(C))
| Asset Description | Acquisition Date | Acquisition Cost / Carry Value | Market Value at End of Period (if feasible) | Principal / Income | Custodian / Location |
|---|---|---|---|---|---|
| [____________________] | [__/__/____] | $[____________] | $[____________] | ☐ Principal ☐ Income | [____________________] |
| [____________________] | [__/__/____] | $[____________] | $[____________] | ☐ Principal ☐ Income | [____________________] |
| [____________________] | [__/__/____] | $[____________] | $[____________] | ☐ Principal ☐ Income | [____________________] |
| [____________________] | [__/__/____] | $[____________] | $[____________] | ☐ Principal ☐ Income | [____________________] |
Total Market Value at End of Period: $[____________]
VII. SCHEDULE B — TRUST LIABILITIES AT END OF PERIOD (§ 46A-8-813(C))
| Liability Description | Creditor | Date Incurred | Balance at End of Period | Secured by Trust Asset (Y/N) |
|---|---|---|---|---|
| [____________________] | [____________________] | [__/__/____] | $[____________] | ☐ Y ☐ N |
| [____________________] | [____________________] | [__/__/____] | $[____________] | ☐ Y ☐ N |
Total Liabilities at End of Period: $[____________]
VIII. SCHEDULE C — RECEIPTS DURING ACCOUNTING PERIOD (§ 46A-8-813(C))
| Date | Source / Payor | Description | Principal | Income | Total |
|---|---|---|---|---|---|
| [__/__/____] | [____________________] | [____________________] | $[__________] | $[__________] | $[__________] |
| [__/__/____] | [____________________] | [____________________] | $[__________] | $[__________] | $[__________] |
| [__/__/____] | [____________________] | [____________________] | $[__________] | $[__________] | $[__________] |
Total Receipts: Principal $[__________] | Income $[__________] | Combined $[__________]
IX. SCHEDULE D — DISBURSEMENTS DURING ACCOUNTING PERIOD (§ 46A-8-813(C))
| Date | Payee | Description | Principal | Income | Total |
|---|---|---|---|---|---|
| [__/__/____] | [____________________] | [____________________] | $[__________] | $[__________] | $[__________] |
| [__/__/____] | [____________________] | [____________________] | $[__________] | $[__________] | $[__________] |
| [__/__/____] | [____________________] | [____________________] | $[__________] | $[__________] | $[__________] |
Total Disbursements: Principal $[__________] | Income $[__________] | Combined $[__________]
X. SCHEDULE E — DISTRIBUTIONS TO BENEFICIARIES
| Date | Beneficiary | Description / Purpose | Principal | Income | Total |
|---|---|---|---|---|---|
| [__/__/____] | [____________________] | [____________________] | $[__________] | $[__________] | $[__________] |
| [__/__/____] | [____________________] | [____________________] | $[__________] | $[__________] | $[__________] |
Total Distributions: Principal $[__________] | Income $[__________] | Combined $[__________]
XI. SCHEDULE F — TRUSTEE'S COMPENSATION AND AGENTS' COMPENSATION (§ 46A-8-813(C))
A. Trustee's Compensation
| Field | Detail |
|---|---|
| Source of Compensation Authority | ☐ Trust instrument provision: [____________________] ☐ Reasonable compensation under § 46A-7-708 ☐ Court order dated [__/__/____] |
| Method or Rate | [____________________] |
| Period Covered | [__/__/____] to [__/__/____] |
| Total Trustee Compensation Paid This Period | $[____________] |
| Allocation | Principal $[__________] |
| Change in Method or Rate (if any) | ☐ None ☐ Advance notice given under § 46A-8-813(B)(4) on [__/__/____] |
B. Agents Hired by Trustee
| Agent Name | Relationship to Trustee (if any) | Services Rendered | Compensation Paid |
|---|---|---|---|
| [____________________] | ☐ None ☐ Family Member ☐ Common Owner ☐ Affiliate ☐ Other: [______] | [____________________] | $[____________] |
| [____________________] | ☐ None ☐ Family Member ☐ Common Owner ☐ Affiliate ☐ Other: [______] | [____________________] | $[____________] |
XII. NOTICE OF STATUTE OF LIMITATIONS — NMSA 1978 § 46A-10-1005
IMPORTANT NOTICE — READ CAREFULLY. This notice affects your legal rights.
Pursuant to NMSA 1978 § 46A-10-1005(A), a beneficiary shall not commence a judicial proceeding against the Trustee for breach of trust more than ONE (1) YEAR after the date the beneficiary or a representative of the beneficiary was sent a report that adequately disclosed the existence of a potential claim for breach of trust and informed the beneficiary of the time allowed for commencing a proceeding.
A report adequately discloses the existence of a potential claim for breach of trust if it provides sufficient information so that the beneficiary or representative knows of the potential claim or should have inquired into its existence (§ 46A-10-1005(B)).
If § 46A-10-1005(A) does not apply, a judicial proceeding by a beneficiary against a trustee for breach of trust must be commenced within FIVE (5) YEARS after the first to occur of (i) the removal, resignation, or death of the Trustee; (ii) the termination of the beneficiary's interest in the Trust; or (iii) the termination of the Trust (§ 46A-10-1005(C)).
YOU ARE HEREBY INFORMED that this report, sent on [__/__/____], is intended to disclose all material facts concerning the administration of the Trust during the accounting period stated in Section I. If you believe any matter disclosed in this report constitutes a breach of trust or otherwise gives rise to a claim against the Trustee, you must commence a judicial proceeding against the Trustee within ONE (1) YEAR of the date this report was sent to you, or your claim will be forever barred.
If you have questions about the matters disclosed in this report or about your rights as a beneficiary of the Trust, you are urged to consult with an attorney of your choice without delay.
XIII. BENEFICIARY'S RECEIPT, APPROVAL, AND RELEASE (Optional — NMSA 1978 § 46A-10-1009)
The undersigned beneficiary of the Trust identified in Section I, having received the foregoing Annual Trustee's Report and Accounting, hereby acknowledges and declares:
- Receipt. The undersigned has received a complete copy of this Report and accompanying schedules.
- Opportunity to Review. The undersigned has had a reasonable opportunity to review the Report, to consult with independent legal, accounting, or tax advisors of the undersigned's choice, and to request additional information from the Trustee.
- Knowledge of Rights. The undersigned has been informed of, and understands, the undersigned's rights under the New Mexico Uniform Trust Code, including the right to petition the District Court for relief under § 46A-10-1001, the right to information under § 46A-8-813(A), and the one-year and five-year limitation periods under § 46A-10-1005.
- No Improper Inducement. The undersigned's execution of this Receipt, Approval, and Release has not been induced by any improper conduct of the Trustee within the meaning of § 46A-10-1009(A).
- Knowledge of Material Facts. The undersigned, at the time of executing this Receipt, Approval, and Release, knows of the material facts relating to the administration of the Trust during the accounting period stated in Section I, as set forth in this Report.
- Approval and Release. Subject to paragraphs 1–5 above, and pursuant to NMSA 1978 § 46A-10-1009, the undersigned (a) APPROVES the acts and transactions of the Trustee as set forth in this Report; (b) RELEASES the Trustee from liability for breach of trust as to the matters disclosed in this Report; and (c) RATIFIES the Trustee's acts and transactions as set forth in this Report.
- Reservation. This Receipt, Approval, and Release does NOT release the Trustee for (a) any matter not disclosed in this Report; (b) any breach committed in bad faith or with reckless indifference to the purposes of the Trust or the interests of the beneficiaries (§ 46A-10-1008(A)(1)); or (c) any matter arising in any subsequent accounting period.
| Field | Signature / Detail |
|---|---|
| Signature of Beneficiary (or § 46A-3-303 Representative) | [________________________________] |
| Printed Name | [________________________________] |
| Capacity | ☐ Beneficiary ☐ Parent ☐ Guardian ☐ Conservator ☐ Agent under POA ☐ Personal Representative |
| Date | [__/__/____] |
XIV. BENEFICIARY'S OBJECTION (Optional)
The undersigned beneficiary objects to the following matters in the foregoing Report:
-
Item or Schedule Objected To: [________________________________]
Basis of Objection: [________________________________]
Relief Requested: [________________________________] -
Item or Schedule Objected To: [________________________________]
Basis of Objection: [________________________________]
Relief Requested: [________________________________]
The undersigned reserves all rights to commence a judicial proceeding in the District Court for the county of the Trust's principal place of administration under NMSA 1978 §§ 46A-2-204 and 46A-10-1001 within the time allowed by NMSA 1978 § 46A-10-1005.
| Field | Signature / Detail |
|---|---|
| Signature of Beneficiary | [________________________________] |
| Printed Name | [________________________________] |
| Date | [__/__/____] |
XV. TRUSTEE'S VERIFICATION
I, the undersigned Trustee, declare under penalty of perjury under the laws of the State of New Mexico that:
- I have read the foregoing Annual Trustee's Report and Accounting, including all schedules.
- The matters stated therein are true and correct of my own knowledge, except as to matters stated on information and belief, and as to those matters, I believe them to be true.
- The Report fully and fairly discloses, to the best of my knowledge and information, the trust property, liabilities, receipts, disbursements, distributions, the source and amount of my compensation, and the agents employed and compensated by me, for the accounting period stated in Section I.
- I have administered the Trust in accordance with the duties imposed by NMSA 1978 §§ 46A-8-801 through 46A-8-813 and the terms of the trust instrument.
| Field | Signature / Detail |
|---|---|
| Signature of Trustee | [________________________________] |
| Printed Name | [________________________________] |
| Date | [__/__/____] |
| County, State of Execution | [________________________________], New Mexico |
XVI. PROOF OF SERVICE
I, the undersigned, declare under penalty of perjury under the laws of the State of New Mexico that:
- I am over the age of eighteen (18) years and not a party to this Trust matter.
- On [__/__/____], I caused a true and correct copy of the foregoing Annual Trustee's Report and Accounting, including the verbatim limitation notice in Section XII, to be served on the persons identified in Section IV at the addresses indicated by the methods indicated:
| Recipient Name | Capacity | Address | Method of Service |
|---|---|---|---|
| [____________________] | [____________________] | [____________________] | ☐ Personal Delivery ☐ U.S. Mail, Certified, Return Receipt Requested (Tracking No. [____________________]) ☐ First-Class Mail ☐ Email (with consent) |
| [____________________] | [____________________] | [____________________] | ☐ Personal Delivery ☐ U.S. Mail, Certified, Return Receipt Requested (Tracking No. [____________________]) ☐ First-Class Mail ☐ Email (with consent) |
| [____________________] | [____________________] | [____________________] | ☐ Personal Delivery ☐ U.S. Mail, Certified, Return Receipt Requested (Tracking No. [____________________]) ☐ First-Class Mail ☐ Email (with consent) |
| Field | Signature / Detail |
|---|---|
| Signature of Server | [________________________________] |
| Printed Name | [________________________________] |
| Date Executed | [__/__/____] |
| County, State of Execution | [________________________________], New Mexico |
Sources and References
- New Mexico Uniform Trust Code, NMSA 1978 §§ 46A-1-101 through 46A-11-1104.
- NMSA 1978 § 46A-8-813(C) (Annual and Termination Report — Required Content).
- NMSA 1978 § 46A-8-813(A), (B)(1), (D), (F) (Related Duties to Inform and Waiver).
- NMSA 1978 § 46A-10-1005 (Limitation of Action Against Trustee — One Year After Adequate-Disclosure Report; Five-Year Residual from Trustee Departure, Termination of Beneficiary Interest, or Trust Termination).
- NMSA 1978 § 46A-10-1008 (Exculpation of Trustee — Bad Faith and Reckless Indifference Cannot Be Excused).
- NMSA 1978 § 46A-10-1009 (Beneficiary's Consent, Release, or Ratification — Invalid if Induced by Improper Conduct or Without Knowledge of Rights and Material Facts).
- NMSA 1978 § 46A-7-708 (Trustee Compensation — Reasonable Compensation).
- NMSA 1978 §§ 46A-2-203, 46A-2-204 (District Court Jurisdiction and Venue).
- NMSA 1978 § 46A-3-303 (Representation by Fiduciaries and Parents).
- New Mexico Uniform Principal and Income Act, NMSA 1978 §§ 46-3A-101 et seq.
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Last updated: May 2026