§ 45-1-401 — Notice; method and time of giving

New Mexico § 45-1-401

• Jurisdiction: New Mexico
• Ch. 45: Uniform Probate Code

Text

A. If notice of a hearing on any petition is required and except for specific notice requirements as otherwise provided, the petitioner shall cause notice of the time and place of hearing of any petition to be given to any interested person or, if the interested person is represented by an attorney, to the attorney. Notice shall be given: (1) by mailing a copy thereof at least fourteen days before the time set for the hearing by certified, registered or ordinary first class mail addressed to the person being notified at the post office address given in the demand for notice, if any, or at the person's office or place of residence, if known; (2) by service of a copy thereof upon the person being notified in the manner provided by the rules of civil procedure for service of summons and complaint in civil actions; or (3) if the address or identity of any person is not known and cannot be ascertained with reasonable diligence, by publishing a copy thereof once a week for three consecutive weeks in a newspaper of general circulation in the county in which the hearing is to be held, the last publication of which is to be at least ten days before the time set for the hearing. B. The court for good cause shown may provide for a different method or time of giving notice for a hearing. C. Proof of the giving of notice shall be made on or before the hearing and filed in the proceeding.

Legislative History

1953 Comp., § 32A-1-401, enacted by Laws 1975, ch. 257, § 1-401; 2016, ch.