Section 45-3-1102 - Procedure for securing court approval of compromise. - New Mexico Statutes

45-3-1102. Procedure for securing court approval of compromise.

The procedure for securing court approval of a compromise is as follows:   

A.     The terms of the compromise shall be set forth in an agreement in writing which shall be executed by all competent persons and parents acting for any minor child having beneficial interests or having claims which will or may be affected by the compromise.   

B.     Any interested person, including the personal representative, if any, or a trustee, may then submit the agreement to the district court for its approval and for execution by the personal representative, the trustee of every affected testamentary trust and other fiduciaries and representatives.   

C.     After notice to all interested persons or their representatives, including the personal representative of any estate and all affected trustees of trusts, the district court, if it finds that an actual contest or controversy exists and that the effect of the agreement upon the interests of persons represented by fiduciaries or other representatives is just and reasonable, shall make an order approving the agreement and directing all fiduciaries under its supervision to execute the agreement.  Minor children represented only by their parents may be bound only if their parents join with other competent persons in execution of the compromise.  Upon the making of the order and the execution of the agreement, all further disposition of the estate shall then be made in accordance with the terms of the agreement.