New Mexico Statutes

§ 45-2-516 — Duty of custodian of will; liability

New Mexico·Ch. 45 Uniform Probate Code·Art. 2 Intestate Succession and Wills
A.Any person having custody of a will shall, as soon as he is informed of the death of the testator, deliver the will to a person able to secure its probate or, if none is known, to an appropriate court.
B.If any person having the custody of a will fails to produce the will as provided for in Subsection A of this section, after receiving a reasonable notice to do so, he is liable to any person aggrieved for the damages that may be sustained by the failure.
C.Any person who refuses or fails to deliver a will after being ordered by the court in a proceeding brought for the purpose of compelling delivery is subject to penalty for contempt of court.

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Legislative History

1978 Comp., § 45-2-516, enacted by Laws 1993, ch. 174, § 39.

Nearby Sections

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