AI Generated Opinion Summaries

This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.

Facts

• The decedent, Harbhajan Singh Khalsa Yogiji, passed away, leaving a will that devised specific personal property and required the residue of his estate to be transferred to a trust. Over four years after his death, his wife filed a petition for the formal probate of his will and the appointment of a personal representative, citing no prior probate or appointment proceedings had occurred. The will nominated Shakti Parwha Kaur Khalsa as executor, who objected to the petition, arguing all assets had been transferred to the trust and were to be administered as such (paras 2-5).

Procedural History

• District Court of Santa Fe County, Barbara J. Vigil, District Judge: Permitted the initiation of a formal testacy proceeding but restricted the personal representative’s investigation of the estate’s assets to those not previously transferred to the decedent’s trust (para 1).

Parties' Submissions

• Petitioner-Appellant (Wife): Argued for the appointment of an independent personal representative to investigate estate assets to determine what belonged to the decedent and which belonged to her, asserting that all assets were initially controlled by the decedent's will (paras 7-8).
• Respondent-Appellee (Ms. Khalsa): Objected to the petition, arguing there were no estate assets left to confirm title to because all had been transferred to the trust. Claimed the petition did not fall within the exception to the three-year limitation period for initiating proceedings (paras 5, 7).

Legal Issues

• Whether the district court erred in interpreting NMSA 1978, Section 45-3-108(A)(4), by restricting the personal representative’s investigation of the estate’s assets to those not previously transferred to the decedent’s trust (para 1).
• Whether the personal representative’s duties were improperly limited to investigating and inventorying assets of the decedent’s estate (para 31).

Disposition

• The Court of Appeals of New Mexico reversed the district court’s judgment and remanded for proceedings consistent with the opinion, allowing a complete investigation and inventory of assets in which the decedent had an interest at the time of his death (para 32).

Reasons

• Per Cynthia A. Fry, J. (Michael D. Bustamante, J., and Michael E. Vigil, J., concurring): The district court misinterpreted Subsection (4) of NMSA 1978, Section 45-3-108(A)(4), by limiting the personal representative’s investigation to assets not previously transferred to the trust. The appellate court found that the personal representative should conduct a complete investigation and inventory of assets to identify those properly in the possession of a devisee and those identified as residue for transfer to the trust. The court clarified that any claim the wife may have for reallocation of improperly transferred community property was the subject of separate trust litigation (paras 14-31).