New Mexico · NMSA 1978, §§45-3-504, 45-3-711–45-3-715New Mexico probate home sale: the personal representative's power to sell

A New Mexico personal representative has the same power over title to estate property as an absolute owner, in trust for creditors whose claims have been allowed and others interested in the estate, and may use it without notice, hearing or court order (NMSA 1978, §45-3-711(A)). Unless the will or an order in a formal proceeding restricts it, the personal representative may dispose of land at public or private sale, for cash or on credit, taking security for any unpaid balance unless the district court waives it (§45-3-715(A)(6), (23)). Even a supervised personal representative keeps all these powers without interim orders – only distributions need a prior court order – and any other court restriction binds good-faith buyers only if it's endorsed on the letters (§45-3-504). A person who deals with the personal representative in good faith for value is protected as if the power were properly used, doesn't have to inquire into the power, and is bound by a limit in a will or order only with actual knowledge of it (§45-3-714(A)).