reglab/housing_qa huggingface dataset:
NM Stat § 45-3-1005 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 3 - Probate of Wills and Administration|Part 10 - CLOSING ESTATES|Section 45-3-1005 - Limitations on proceedings against personal representative.

Unless previously barred by adjudication and except as provided in the closing statement, the rights of successors and of creditors whose claims have not otherwise been barred against the personal representative for breach of fiduciary duty are barred unless a proceeding to assert such rights is commenced within six months after the filing of the closing statement. The rights thus barred do not include rights to recover from a personal representative for fraud, misrepresentation or inadequate disclosure related to the settlement of the decedent's estate. History: 1953 Comp., § 32A-3-1005, enacted by Laws 1975, ch. 257, § 3-1005. ANNOTATIONSOfficial comments. — See Commissioners on Uniform State Law official comment to 3-1005 UPC. Compiler's notes. — This section is similar to former 31-12-13, 1953 Comp. Exception for fraud. — The record did not support an heir's claim that the personal representative improperly or fraudulently took money received from the September 11th victim compensation fund of 2001 which was awarded when the decedent died on September 11, 2001, so as to lift the six-month statute of limitations under 45-3-1005 NMSA 1978; only one claimant was permitted to file a claim for compensation from the fund, the personal representative filed a claim and gave notice to all heirs and potential beneficiaries of the decedent's estate, including the heir in the instant case, who chose not to participate in or contest the claim before the special master. Marchand v. Marchand, 2007-NMCA-138, 142 N.M. 795, 171 P.3d 309, aff'd, 2008-NMSC-065, 145 N.M. 378, 199 P.3d 281. Interest of pretermitted child was not affected by decedent's will. — The final decree, purporting to distribute pursuant to the last will and testament, distributed only that portion which passed to executrix under the will and did not include intestate share of pretermitted child. Consequently, the six-month period of limitations in former 31-12-13 1953 Comp., is not applicable in suit charging an interest. Hagerman v. Gustafson, 1973-NMSC-058, 85 N.M. 420, 512 P.2d 1256 (decided under former law). Am. Jur. 2d, A.L.R. and C.J.S. references. — When statute of limitations begins to run against action on bond of personal representative, 44 A.L.R.2d 807. 34 C.J.S. Executors and Administrators § 729.
NM Stat § 45-3-1006 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 3 - Probate of Wills and Administration|Part 10 - CLOSING ESTATES|Section 45-3-1006 - Limitations on actions and proceedings against distributees.

Unless previously adjudicated in a formal testacy proceeding or in a proceeding settling the accounts of a personal representative or unless otherwise barred, the claim of a claimant to recover from a distributee who is liable to pay the claim and the right of an heir or devisee or of a successor personal representative acting in their behalf to recover property improperly distributed or its value from any distributee is forever barred at the later of three years after the decedent's death or one year after the time of its distribution, but all claims of creditors of the decedent are barred one year after the decedent's death. This section does not bar an action to recover property or value received as the result of fraud. History: 1953 Comp., § 32A-3-1006, enacted by Laws 1975, ch. 257, § 3-1006; 1993, ch. 174, § 82. ANNOTATIONSOfficial comments. — See Commissioners on Uniform State Law official comment to 3-1006 UPC. The 1993 amendment, effective July 1, 1993, added the language beginning "but all claims" at the end of the first sentence and made minor stylistic changes. Applicable to estate devisees. — Neither 45-3-803 NMSA 1978 nor 45-3-806 NMSA 1978 provided the controlling relevant limitations where petitioners were not creditors, but devisees of the estate. Accordingly, the relevant limitations period was found in this section. In re Estate of Gardner, 1992-NMCA-122, 114 N.M. 793, 845 P.2d 1247. Previous adjudication in formal testacy proceeding bars heir's claim to recover improperly distributed property, absent fraud. In re Estate of Kemnitz, 1981-NMCA-013, 95 N.M. 513, 623 P.2d 1027. Am. Jur. 2d, A.L.R. and C.J.S. references. — 26A Descent and Distribution § 133; 97 C.J.S. Wills § 1328.
NM Stat § 45-3-1007 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 3 - Probate of Wills and Administration|Part 10 - CLOSING ESTATES|Section 45-3-1007 - Certificate discharging liens securing fiduciary performance.

After his appointment has terminated, the personal representative, his sureties, or any successor of either such person, upon the filing of a verified application showing, so far as is known by the applicant, that no action concerning the estate is pending in any court, is entitled to receive a certificate from the court that the personal representative appears to have fully administered the estate in question. The certificate evidences discharge of any lien on any property given to secure the obligation of the personal representative in lieu of bond or any surety, but does not preclude action against the personal representative or the surety. History: 1953 Comp., § 32A-3-1007, enacted by Laws 1975, ch. 257, § 3-1007. ANNOTATIONSOfficial comments. — See Commissioners on Uniform State Law official comment to 3-1007 UPC. Am. Jur. 2d, A.L.R. and C.J.S. references. — 34 C.J.S. Executors and Administrators § 957.
NM Stat § 45-3-1008 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 3 - Probate of Wills and Administration|Part 10 - CLOSING ESTATES|Section 45-3-1008 - Subsequent administration.

If other property of the estate is discovered after an estate has been settled and the personal representative discharged, or after one year after a closing statement has been filed, the district court, upon petition of any interested person and upon notice as it directs, may appoint the same or a successor personal representative to administer the subsequently discovered estate. If a new appointment is made, unless the district court orders otherwise, the provisions of the [Uniform] Probate Code apply as appropriate. However, no claim previously barred may be asserted in the subsequent administration. History: 1953 Comp., § 32A-3-1008, enacted by Laws 1975, ch. 257, § 3-1008. ANNOTATIONSOfficial comments. — See Commissioners on Uniform State Law official comment to 3-1008 UPC. Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Am. Jur. 2d, A.L.R. and C.J.S. references. — 33 C.J.S. Executors and Administrators §§ 48, 88.
NM Stat § 45-3-1101 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 3 - Probate of Wills and Administration|Part 11 - COMPROMISE OF CONTROVERSIES|Section 45-3-1101 - Effect of approval of agreements involving trusts, inalienable interests or interests of third persons.

A. A compromise of any controversy is binding on all the parties thereto as to any lawful matter involving the estate. Matters that may be resolved by the compromise include: (1) admission to probate of any instrument offered for formal probate as the will of a decedent; (2) the construction, validity or effect of any governing instrument; (3) the rights or interests in the estate of the decedent; (4) the rights or interests of any successor; and (5) the administration of the estate, if approved in a formal proceeding in the district court for that purpose. B. A court-approved compromise is binding even though it may affect a trust or an inalienable interest. A compromise does not impair the rights of creditors or of taxing authorities that are not parties to it. History: 1953 Comp., § 32A-3-1101, enacted by Laws 1975, ch. 257, § 3-1101; 1995, ch. 210, § 46; 2016, ch. 69, § 721. ANNOTATIONSOfficial comments. — See Commissioners on Uniform State Law official comment to 3-1101 UPC. Cross references. — For private agreements amongst successors to decedent binding on personal representative, see 45-3-912 NMSA 1978. The 2016 amendment, effective July 1, 2016, clarified language regarding the effect of approval of agreements involving trusts; in Subsection A, in the introductory sentence, after "thereto as to", added "any lawful matter involving the estate. Matters that may be resolved by the compromise include"; and in Subsection B, after the subsection designation, deleted "An approved" and added "A court-ordered", and after "taxing authorities" deleted "who" and added "that". The 1995 amendment, effective July 1, 1995, substituted "governing instrument" for "probated will" at the end in Paragraph A(2). Am. Jur. 2d, A.L.R. and C.J.S. references. — 31 Am. Jur. 2d Executors and Administrators § 86; 80 Am. Jur. 2d Wills §§ 1098 to 1101, 1104. Power and responsibility of executor or administrator to compromise claim due estate, 72 A.L.R.2d 191. Power and responsibility of executor or administrator to compromise claim against estate, 72 A.L.R.2d 243. Power and responsibility of executor or administrator as to compromise or settlement of action or cause of action for death, 72 A.L.R.2d 285. Family settlement of intestate estate, 29 A.L.R.3d 174. 94 C.J.S. Wills §§ 322, 325.
NM Stat § 45-3-1102 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 3 - Probate of Wills and Administration|Part 11 - COMPROMISE OF CONTROVERSIES|Section 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 that shall be executed by all persons or their representatives having beneficial interests or having claims that will or may be affected by the compromise; B. any interested person, or the person's representative, 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; and 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 persons or their representatives 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. History: 1953 Comp., § 32A-3-1102, enacted by Laws 1975, ch. 257, § 3-1102; 1995, ch. 210, § 47; 2016, ch. 69, § 722. ANNOTATIONSOfficial comments. — See Commissioners on Uniform State Law official comment to 3-1102 UPC. Cross references. — For private agreements amongst successors to decedent binding on personal representative, see 45-3-912 NMSA 1978. The 2016 amendment, effective July 1, 2016, clarified language regarding the procedure for securing court approval of a compromise; in Subsection A, after "agreement in writing", deleted "which" and added "that", after "executed by all", deleted "competent", after "persons", deleted "and parents acting for any minor child" and added "or their representatives", and after "having claims", deleted "which" and added "that"; in Subsection B, after "any interested person", added "or the person's representative", and after the semicolon, added "and"; and in Subsection C, after "join with other", deleted "competent", and after the third occurrence of "persons", added "or their representatives". The 1995 amendment, effective July 1, 1995, inserted "if any" near the beginning in Subsection B. Am. Jur. 2d, A.L.R. and C.J.S. references. — 80 Am. Jur. 2d Wills §§ 1098 to 1101, 1104. 15A C.J.S. Compromise and Settlement §§ 6, 24.
NM Stat § 45-3-1201 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 3 - Probate of Wills and Administration|Part 12 - COLLECTION OF PERSONAL PROPERTY BY AFFIDAVIT|Section 45-3-1201 - Collection of personal property by affidavit.

A. Thirty days after the death of a decedent, any person indebted to the decedent or having possession of tangible personal property or an instrument evidencing a debt, obligation, stock or chose in action belonging to the decedent shall make payment of the indebtedness or deliver the tangible personal property or an instrument evidencing a debt, obligation, stock or chose in action to a person claiming to be the successor of the decedent upon being presented an affidavit made by or on behalf of the successor stating that: (1) the value of the entire estate, wherever located, less liens and encumbrances, does not exceed fifty thousand dollars ($50,000); (2) thirty days have elapsed since the death of the decedent; (3) no application or petition for the appointment of a personal representative is pending or has been granted in any jurisdiction; and (4) the claiming successor is entitled to payment or delivery of the property. B. A transfer agent of any security shall change the registered ownership on the books of a corporation from the decedent to the successor or successors upon the presentation of an affidavit as provided in Subsection A of this section. C. The affidavit made pursuant to this section may not be used to perfect title to real estate. History: 1953 Comp., § 32A-3-1201, enacted by Laws 1975, ch. 257, § 3-1201; 1983, ch. 194, § 8; 1995, ch. 210, § 48; 2011, ch. 124, § 50. ANNOTATIONSOfficial comments. — See Commissioners on Uniform State Law official comment to 3-1201 UPC. Compiler's notes. — This section includes within its scope some of the functions of former 31-13-1 and 31-13-2, 1953 Comp. Cross references. — For collection of employee's final payment for wages by surviving spouse without administration, see 45-3-1301 NMSA 1978. The 2011 amendment, effective January 1, 2012, in Subsection A, increased the maximum value of the estate from thirty thousand dollars to fifty thousand dollars. The 1995 amendment, effective July 1, 1995, substituted "thirty thousand dollars ($30,000)" for "twenty thousand dollars ($20,000)" in Paragraph A(1). Am. Jur. 2d, A.L.R. and C.J.S. references. — 31 Am. Jur. 2d Executors and Administrators § 16 et seq.; 79 Am. Jur. 2d Wills § 827. 33 C.J.S. Executors and Administrators §§ 5, 153.
NM Stat § 45-3-1202 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 3 - Probate of Wills and Administration|Part 12 - COLLECTION OF PERSONAL PROPERTY BY AFFIDAVIT|Section 45-3-1202 - Effect of affidavit.

The person paying, delivering, transferring or issuing personal property or the evidence thereof pursuant to affidavit is discharged and released to the same extent as if he dealt with a personal representative of the decedent. He is not required to see to the application of the personal property or evidence thereof or to inquire into the truth of any statement in the affidavit. If any person to whom an affidavit is delivered refuses to pay, deliver, transfer or issue any personal property or evidence thereof, it may be recovered or its payment, delivery, transfer or issuance compelled upon proof of their right in a proceeding brought for the purpose by or on behalf of the persons entitled thereto. Any person to whom payment, delivery, transfer or issuance is made is answerable and accountable therefor to any personal representative of the estate or to any other person having a superior right. History: 1953 Comp., § 32A-3-1202, enacted by Laws 1975, ch. 257, § 3-1202. ANNOTATIONSOfficial comments. — See Commissioners on Uniform State Law official comment to 3-1202 UPC. Compiler's notes. — This section includes within its scope some of the functions of 31-13-2, 1953 Comp. Cross references. — For effect of affidavit on collection of employee's final payment for wages by surviving spouse, see 45-3-1302 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. — 33 C.J.S. Executors and Administrators §§ 5, 153.
NM Stat § 45-3-1203 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 3 - Probate of Wills and Administration|Part 12 - COLLECTION OF PERSONAL PROPERTY BY AFFIDAVIT|Section 45-3-1203 - Small estates; summary administrative procedure.

If it appears from the inventory and appraisal that the value of the entire estate, less liens and encumbrances, does not exceed the family allowance, personal property allowance, costs and expenses of administration, reasonable and necessary medical and hospital expenses of the last illness of the decedent and reasonable funeral expenses, the personal representative, without giving notice to creditors, may immediately disburse and distribute the estate to the persons entitled thereto and file a closing statement as provided in Section 3-1204 [45-3-1204 NMSA 1978]. History: 1953 Comp., § 32A-3-1203, enacted by Laws 1975, ch. 257, § 3-1203. ANNOTATIONSOfficial comments. — See Commissioners on Uniform State Law official comment to 3-1203 UPC. Compiler's notes. — This section includes within its scope some of the functions of former 31-1A-2 and 31-1A-3, 1953 Comp. Am. Jur. 2d, A.L.R. and C.J.S. references. — 33 C.J.S. Executors and Administrators § 5; 34 C.J.S. Executors and Administrators § 1056.
NM Stat § 45-3-1204 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 3 - Probate of Wills and Administration|Part 12 - COLLECTION OF PERSONAL PROPERTY BY AFFIDAVIT|Section 45-3-1204 - Small estates; closing by sworn statement of personal representative.

A. Unless prohibited by order of the district court and except for estates being administered by supervised personal representatives, a personal representative may close an estate administered under the summary procedures of Section 45-3-1203 NMSA 1978 by filing with the court, at any time after disbursement and distribution of the estate, a verified statement stating that: (1) to the best knowledge of the personal representative, the value of the entire estate, less liens and encumbrances, did not exceed the family allowance, personal property allowance, costs and expenses of administration, reasonable necessary medical and hospital expenses of the last illness of the decedent and reasonable funeral expenses; (2) the personal representative has fully administered the estate by disbursing and distributing it to the persons entitled thereto; and (3) the personal representative has sent a copy of the closing statement to all distributees of the estate and to all creditors or other claimants of whom he is aware whose claims are neither paid nor barred and has furnished a full account in writing of his administration to the distributees whose interests are affected. B. If no actions or proceedings involving the personal representative are pending in court one year after the closing statement is filed, the appointment of the personal representative terminates. C. A closing statement filed under this section has the same effect as one filed under Section 45-3-1003 NMSA 1978. History: 1953 Comp., § 32A-3-1204, enacted by Laws 1975, ch. 257, § 3-1204; 1983, ch. 194, § 9. ANNOTATIONSOfficial comments. — See Commissioners on Uniform State Law official comment to 3-1204 UPC. Compiler's notes. — This section includes within its scope some of the functions of former 31-1A-3, 1953 Comp. Authority to reopen probate and vacate verified statement. — Where the trial court determined that a fraudulent conveyance by the decedent and the failure to notify plaintiff of the probate proceedings improperly thwarted plaintiff's efforts to satisfy his judgment against decedent, and ordered the verified statement vacated and the probate matter reopened, and where after the filing of their notice of appeal the court entered an order appointing a new administrator for decedent's estate, the order implemented the judgment in this case which provided that such a person would be appointed. Because defendants did not seek to file a supersedeas bond to preserve the status quo, the judgment of the trial court remained in effect and could be enforced. Beagles v. Espinoza, 1990-NMCA-121, 111 N.M. 206, 803 P.2d 1111. Am. Jur. 2d, A.L.R. and C.J.S. references. — 33 C.J.S. Executors and Administrators § 5; 34 C.J.S. Executors and Administrators § 837.
NM Stat § 45-3-1206 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 3 - Probate of Wills and Administration|Part 12 - COLLECTION OF PERSONAL PROPERTY BY AFFIDAVIT|Section 45-3-1206 - Effect of affidavit.

A purchaser of real property from or lender to the surviving spouse designated as such in the affidavit recorded under Section 45-3-1205 NMSA 1978 is entitled to the same protection as a person purchasing from or lending to a distributee who has received a deed of distribution from a personal representative as provided in Section 45-3-910 NMSA 1978. History: 1978 Comp., § 45-3-1206, enacted by Laws 1985, ch. 12, § 2; 1985, ch. 132, § 2. ANNOTATIONSCompiler's notes. — Laws 1985, ch. 12, § 2, effective March 13, 1985, and Laws 1985, ch. 132, § 2, effective April 2, 1985, enacted identical new sections. The section was set out as enacted by Laws 1985, ch. 132, § 2. See 12-1-8 NMSA 1978.
NM Stat § 45-3-1301 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 3 - Probate of Wills and Administration|Part 13 - PAYMENT OF EARNINGS, ETC., TO SURVIVING SPOUSE|Section 45-3-1301 - Collection of employee's final payment without administration.

The surviving spouse of a deceased person may, without procuring letters, collect any sum representing the final payment owed the decedent at the time of his death for wages, earnings, salary, commissions, travel or other reimbursement from the state or any of its political subdivisions or from any corporation, copartnership, association, individual, bank or trust company. History: 1953 Comp., § 32A-3-1301, enacted by Laws 1978, ch. 159, § 12; 1983, ch. 194, § 10. ANNOTATIONSCross references. — For collection of personal property by affidavit in small estate, see 45-3-1201 NMSA 1978.
NM Stat § 45-3-1302 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 3 - Probate of Wills and Administration|Part 13 - PAYMENT OF EARNINGS, ETC., TO SURVIVING SPOUSE|Section 45-3-1302 - Affidavit showing death of employee; payment.

Upon receiving an affidavit stating that a person previously in its employ is dead and that the affiant is the surviving spouse, the state or any of its political subdivisions, or any corporation, copartnership, association, individual, bank or trust company may pay to the affiant the amount of the wages, earnings, commissions, salary, travel or other reimbursement earned by the deceased and the affiant's receipt shall release the payor from all liability therefor. History: 1953 Comp., § 32A-3-1302, enacted by Laws 1978, ch. 159, § 13. ANNOTATIONSCross references. — For effect of affidavit on collection of personal property in small estate, see 45-3-1202 NMSA 1978.