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Current as of January 01, 2024 | Updated by FindLaw Staff
Every administrator, with the will annexed, and executor at the time letters are granted to him, shall make an affidavit that he will make a prefect inventory of the estate, and faithfully execute the last will of the testator, and render just accounts, and faithfully perform all things required by law touching such executorship or administration. The prefect shall take a bond of the person to whom letters testamentary or of administration are granted, with two or more sufficient securities, resident in the county, to the territory of New Mexico, in such amount as the prefect shall deem sufficient, not less than double the estimated value of the estate, conditioned for the faithful performance of his duties as executor or administrator; and no person shall act as executor or administrator until he shall have given such bond. If any prefect shall refuse or neglect to take such bond at the time of granting such letters he shall himself be liable for all the damages resulting from such neglect or refusal at the suit of any person injured.
All letters testamentary, and of administration, and all bonds and affidavits of executors and administrators shall be recorded by the clerk of the prefect, in a well-bound book kept for that purpose, before such letters are delivered to the executor or administrator, and the clerk shall certify on the letters that they have been recorded, and if any prefect shall deliver, without complying with the foregoing requisitions, any such letters, he shall forfeit to the party injured double the damages occasioned by such default.
Cite this article: FindLaw.com - New Mexico Territorial Laws and Treaties NM TERR LAWS KEARNY CODE ADMIN § 11 - last updated January 01, 2024 | https://codes.findlaw.com/nm/territorial-laws-and-treaties/nm-terr-laws-kearny-code-admin-sect-11/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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