new mexico probate procedures
Removing Executors & Trustees in New Mexico
When an Executor or Trustee fails to do what is required, becomes incapacitated, or is otherwise unable to perform his or her duties, you may want to seek their removal from the decedent’s estate.
A Judge May Remove a Personal Representative from a Probate Estate When:
- Removal would be in the best interests of the estate.
- The Personal Representative made misrepresentations of material facts pertaining to his or her appointment.
- The Personal Representative has failed to comply with court orders.
- The Personal Representative has mismanaged the estate.
- The Personal Representative has become incapable of discharging their duties.
- The Personal Representative failed to perform his or her duties.
A Judge May Remove a Trustee from a Trust Estate When:
- The Trustee has committed a serious breach of Trust.
- The Trustee has become unfit or unwilling to administer the Trust or has persistently failed to administer the Trust effectively.
- Removal is requested by all the beneficiaries, and the court finds that removal would be in the best interest of the beneficiaries.
Trustees and Personal Representatives can also voluntarily resign. However, voluntary resignation rarely occurs in cases of serious mismanagement or concealed wrongdoing, because the wrongdoer does not want his or her misconduct to come to light.