A probate judge shall be elected at each general election at which the governor is elected. History: Laws 1851-1852, p. 198; C.L. 1865, ch. 63, § 4; Code 1915, § 1245; C.S. 1929, § 33-4401; 1941 Comp., § 16-402; 1953 Comp., § 16-4-2; 1978 Comp., § 34-7-2; 2023, ch. 44, § 2. ANNOTATIONSCross references. — For effect of city-county consolidation on probate judge, see 3-16-11 NMSA 1978. The 2023 amendment, effective July 1, 2023, aligned the probate judge election cycle so all judges are in the same cycle that matches the gubernatorial election cycle; added the section heading 'Probate judge; election', and added 'A probate judge shall be elected', and after 'general election', deleted 'held in this state, there shall be elected in each county a probate judge and a sheriff' and added 'at which the governor is elected'.Temporary provisions. — Laws 2023, ch. 44, § 15 provided: A. Pursuant to Article 20, Section 3 of the constitution of New Mexico, the legislature finds that the probate judge term adjustments provided for in Section 34-7-2 NMSA 1978 as amended by this act are necessary to:(1) align the election of all thirty-three probate judges throughout the state; and(2) enable more ge term adjustments provided for in Section 34-7-2 NMSA 1978 as amended by this act are necessary to:(1) align the election of all thirty-three probate judges throughout the state; and(2) enable more effective training for new judges.B. The term of a probate court judge that was set to expire on December 31, 2024 shall expire on December 31, 2026. Law reviews. — For survey, 'Article VII of the New Probate Code: In Pursuit of Uniform Trust Administration,' see 6 N.M. L. Rev. 213 (1976).
New Mexico Legal Code