A. A person who in good faith either assists a personal representative or deals with him for value is protected as if the personal representative properly exercised his power. The fact that a person knowingly deals with a personal representative does not alone require the person to inquire into the existence of a power or the propriety of its exercise. Except for restrictions on powers of supervised personal representatives which are endorsed on letters as provided in Section 3-504 [45-3-504 NMSA 1978], no provision in any will or order of court purporting to limit the power of a personal representative is effective except as to persons with actual knowledge thereof. A person is not bound to see to the proper application of estate assets paid or delivered to a personal representative. The protection expressed in this section extends to instances in which some procedural irregularity or jurisdictional defect occurred in proceedings leading to the issuance of letters, including a case in which the alleged decedent is found to be alive. B. The protection expressed in this section in [is] not by substitution for that provided by comparable provisions of the laws relating to commercial which the alleged decedent is found to be alive. B. The protection expressed in this section in [is] not by substitution for that provided by comparable provisions of the laws relating to commercial transactions and laws simplifying transfers of securities by fiduciaries. History: 1953 Comp., § 32A-3-714, enacted by Laws 1975, ch. 257, § 3-714. ANNOTATIONSOfficial comments. — See Commissioners on Uniform State Law official comment to 3-714 UPC. Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Am. Jur. 2d, A.L.R. and C.J.S. references. — 33 C.J.S. Executors and Administrators §§ 271, 293, 320.
New Mexico Legal Code