A. Unless otherwise provided by law, the county clerk of each county is designated as the clerk of the probate court in that county and shall have power to appoint deputy clerks of the probate court who shall have full power to perform all the duties of the clerk of the probate court. The fees received by the probate court shall be deposited in the county clerk recording and filing fund. B. The board of county commissioners of a county may by ordinance provide for a separate clerk of the probate court who shall have the power to appoint deputy clerks, and the fees received by that probate court shall be deposited in the county general fund. History: Laws 1866-1867, ch. 24, § 1; C.L. 1884, § 421; C.L. 1897, § 759; Code 1915, § 1443; C.S. 1929, § 34-427; 1941 Comp., § 16-430; 1953 Comp., § 16-4-30; 1978 Comp., § 34-7-22, repealed and reenacted by Laws 2023, ch. 44, § 14. Repeals and reenactments. — Laws 2023, ch. 44, § 14 repealed former 34-7-22 NMSA 1978 and enacted a new section, effective July 1, 2023.
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