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Code · New Mexico · Chapter 45 — Uniform Probate Code · Article 2 — Intestate Succession And Wills

45-2-516. Duty of custodian of will; liability.

138 words·~1 min read·/nm/chapter-45-uniform-probate-code/article-2-intestate-succession-and-wills/45-2-516·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

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