reglab/housing_qa huggingface dataset:
NM Stat § 45-3-704 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 3 - Probate of Wills and Administration|Part 7 - DUTIES AND POWERS OF PERSONAL REPRESENTATIVES|Section 45-3-704 - Personal representative to proceed without court order; exception.

A personal representative shall proceed expeditiously with the settlement and distribution of a decedent's estate and, except as otherwise specified or ordered in regard to a supervised personal representative, do so without adjudication, order or direction of the district court. However, the personal representative may invoke the jurisdiction of the district court, in proceedings authorized by the [Uniform] Probate Code, to resolve questions concerning the estate or its administration. History: 1953 Comp., § 32A-3-704, enacted by Laws 1975, ch. 257, § 3-704. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Breach of fiduciary duties. — Where the personal representative failed to distribute the decedent's estate in accordance with the decedent's will and New Mexico law, wrongfully distributed the estate's assets, failed to give a copy of the will to the decedent's devisees, misrepresented the terms of the will, failed to give the devisees timely notices of the probate proceedings, and failed to report all assets, the personal representative breached the personal representative's fiduciary duties. In re Estate of Gardner, 1992-NMCA-122, 114 N.M. 793, 845 P.2d 1247. Am. Jur. 2d, A.L.R. and C.J.S. references. — 33 C.J.S. Executors and Administrators § 147.
NM Stat § 45-3-706 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 3 - Probate of Wills and Administration|Part 7 - DUTIES AND POWERS OF PERSONAL REPRESENTATIVES|Section 45-3-706 - Duty of personal representative; inventory and appraisement.

A. Within three months after his appointment, a personal representative, who is not a special administrator or a successor to another representative who has previously discharged this duty, shall prepare an inventory of property owned by the decedent at the time of his death, listing it with reasonable detail and indicating as to each listed item its estimated value as of the date of the decedent's death and the type and amount of any encumbrance that may exist with reference to any item. B. The personal representative shall send a copy of the inventory to interested persons who request it. He may also file the original of the inventory with the appropriate court. History: 1953 Comp., § 32A-3-706, enacted by Laws 1975, ch. 257, § 3-706; 1976 (S.S.), ch. 37, § 9; 1977, ch. 121, § 7; 1983, ch. 194, § 5. ANNOTATIONSOfficial comments. — See Commissioners on Uniform State Law official comment to 3-706 UPC. Compiler's notes. — This section is similar to former 31-3-2, 1953 Comp. Breach of duty. — A personal representative failed to report all the estate assets as required by 45-3-706 NMSA 1978 since, although the personal representative's appraisal and inventory included the estate funds, it did not include the 300-acre property bequeathed to the personal representative and the personal representative's siblings, which was significant because, if the deceased sibling's children were denied their inheritance under 45-2-608 NMSA 1978, they were entitled to one-fourth of that property and one-fourth of the cash under 45-2-302 NMSA 1978. In re Estate of Gardner, 1992-NMCA-122, 114 N.M. 793, 845 P.2d 1247. Am. Jur. 2d, A.L.R. and C.J.S. references. — Surchargeability of trustee, executor, administrator or guardian with respect to mortgage investment, as affected by matters relating to value of property, 117 A.L.R. 871. Delay of executor or administrator in filing inventory, account, or other report, or in completing administration and distribution of estate, as ground for removal, 33 A.L.R.4th 708. 33 C.J.S. Executors and Administrators § 95.
NM Stat § 45-3-707 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 3 - Probate of Wills and Administration|Part 7 - DUTIES AND POWERS OF PERSONAL REPRESENTATIVES|Section 45-3-707 - Employment of appraisers.

The personal representative may employ one or more qualified and disinterested appraisers to assist the personal representative in ascertaining the fair market value as of the date of the decedent's death of any asset the value of which may be subject to reasonable doubt. The name and address of any appraiser shall be indicated on the inventory with the item or items he appraised. History: 1978 Comp., § 45-3-707, enacted by Laws 1995, ch. 210, § 36. ANNOTATIONSEffective dates. — Laws 1995, ch. 210, § 94 made the act effective July 1, 1995.
NM Stat § 45-3-708 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 3 - Probate of Wills and Administration|Part 7 - DUTIES AND POWERS OF PERSONAL REPRESENTATIVES|Section 45-3-708 - Duty of personal representative; supplementary inventory.

A. If any property not included in the original inventory comes to the knowledge of a personal representative or if the personal representative learns that the value or description indicated in the original inventory for any item is erroneous or misleading, he shall make a supplementary inventory or appraisement showing the estimated value as of the date of the decedent's death of the new item or the revised estimated value or descriptions. B. The personal representative shall send a copy of the inventory to interested persons who request it. He may also file the original of the inventory with the appropriate court. History: 1953 Comp., § 32A-3-708, enacted by Laws 1975, ch. 257, § 3-708; 1993, ch. 174, § 70. ANNOTATIONSCompiler's notes. — This section is similar to former 31-3-6, 1953 Comp. The 1993 amendment, effective July 1, 1993, designated the formerly undesignated provisions as Subsection A; deleted "and file it with the district court and furnish copies thereof to interested persons who requested copies of the original inventory" at the end of Subsection A; and added Subsection B. Filing of supplemental inventory required where real estate omitted. — Where the inventory is incomplete in that it fails to include real estate, the filing of a supplemental inventory is required. Barka v. Hopewell, 1923-NMSC-080, 29 N.M. 166, 219 P. 799 (decided under former law). Am. Jur. 2d, A.L.R. and C.J.S. references. — 33 C.J.S. Executors and Administrators § 134.
NM Stat § 45-3-710 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 3 - Probate of Wills and Administration|Part 7 - DUTIES AND POWERS OF PERSONAL REPRESENTATIVES|Section 45-3-710 - Power to avoid transfers.

The property liable for the payment of unsecured debts of a decedent includes all property transferred by him by any means which is in law void or voidable as against his creditors. Subject to prior liens, the right to recover this property, so far as necessary for the payment of unsecured debts of the decedent, rests with the personal representative or upon petition of an interested person, with a person designated by order of the district court. History: 1953 Comp., § 32A-3-710, enacted by Laws 1975, ch. 257, § 3-710. ANNOTATIONSOfficial comments. — See Commissioners on Uniform State Law official comment to 3-710 UPC. Cross references. — For classification of claims against decedent's estate, see 45-3-805 NMSA 1978. For recovery of transfer to distributees of decedent's estate, see 45-3-908 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. — Personal liability of heir or devisee of real property for debt secured by mortgage thereon, 139 A.L.R. 711. 33 C.J.S. Executors and Administrators § 124.
NM Stat § 45-3-711 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 3 - Probate of Wills and Administration|Part 7 - DUTIES AND POWERS OF PERSONAL REPRESENTATIVES|Section 45-3-711 - Powers of personal representatives; in general.

A. Until termination of a personal representative's appointment, a personal representative has the same power over the title to property of the estate that an absolute owner would have, in trust however, for the benefit of creditors whose claims have been allowed and others interested in the estate. This power may be exercised without notice, hearing or order of court. B. A personal representative has access to and authority over a digital asset of the decedent to the extent provided by the Revised Uniform Fiduciary Access to Digital Assets Act [46-13-1 to 46-13-18 NMSA 1978]. History: 1953 Comp., § 32A-3-711, enacted by Laws 1975, ch. 257, § 3-711; 2017, ch. 72, § 19. ANNOTATIONSThe 2017 amendment, effective January 1, 2018, provided that a personal representative has authority over digital assets of the decedent to the extent provided by the Revised Uniform Fiduciary Access to Digital Assets Act; added subsection designation "A."; in Subsection A, after "termination of", deleted "his" and added "a personal representative", after "absolute owner would have", deleted "subject only to his trust to use and apply the property" and added "in trust however", and after "benefit of creditors", added "whose claims have been allowed"; and added Subsection B. Official comments. — See Commissioners on Uniform State Law official comment to 3-711 UPC. Am. Jur. 2d, A.L.R. and C.J.S. references. — 33 C.J.S. Executors and Administrators § 184.
NM Stat § 45-3-713 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 3 - Probate of Wills and Administration|Part 7 - DUTIES AND POWERS OF PERSONAL REPRESENTATIVES|Section 45-3-713 - Sale, encumbrance or transaction involving conflict of interest; voidable; exceptions.

A. Any sale or encumbrance to the personal representative, his spouse, agent or attorney, or any corporation or trust in which he has a substantial beneficial interest, or any transaction which is affected by a substantial conflict of interest on the part of the personal representative, is voidable by any interested person except one who has consented after fair disclosure, unless: (1) the will or a contract entered into by the decedent expressly authorized the transaction; or (2) the transaction is approved by the district court after notice to interested persons. B. An interested person must petition the district court to void the sale, encumbrance or transaction within the time limits set out by Section 3-1005 [45-3-1005 NMSA 1978]. History: 1953 Comp., § 32A-3-713, enacted by Laws 1975, ch. 257, § 3-713. ANNOTATIONSOfficial comments. — See Commissioners on Uniform State Law official comment to 3-713 UPC. Am. Jur. 2d, A.L.R. and C.J.S. references. — Purchase by executor, administrator or trustee of claims against estate or trust, 128 A.L.R. 917. Corporate executor's or administrator's transaction with affiliated corporation as violation of rule against self-dealing, 151 A.L.R. 905. 33 C.J.S. Executors and Administrators §§ 239, 273, 292, 313, 314.
NM Stat § 45-3-714 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 3 - Probate of Wills and Administration|Part 7 - DUTIES AND POWERS OF PERSONAL REPRESENTATIVES|Section 45-3-714 - Persons dealing with personal representative; protection.

A. A person who in good faith either assists a personal representative or deals with him for value is protected as if the personal representative properly exercised his power. The fact that a person knowingly deals with a personal representative does not alone require the person to inquire into the existence of a power or the propriety of its exercise. Except for restrictions on powers of supervised personal representatives which are endorsed on letters as provided in Section 3-504 [45-3-504 NMSA 1978], no provision in any will or order of court purporting to limit the power of a personal representative is effective except as to persons with actual knowledge thereof. A person is not bound to see to the proper application of estate assets paid or delivered to a personal representative. The protection expressed in this section extends to instances in which some procedural irregularity or jurisdictional defect occurred in proceedings leading to the issuance of letters, including a case in which the alleged decedent is found to be alive. B. The protection expressed in this section in [is] not by substitution for that provided by comparable provisions of the laws relating to commercial transactions and laws simplifying transfers of securities by fiduciaries. History: 1953 Comp., § 32A-3-714, enacted by Laws 1975, ch. 257, § 3-714. ANNOTATIONSOfficial comments. — See Commissioners on Uniform State Law official comment to 3-714 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 §§ 271, 293, 320.
NM Stat § 45-3-716 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 3 - Probate of Wills and Administration|Part 7 - DUTIES AND POWERS OF PERSONAL REPRESENTATIVES|Section 45-3-716 - Powers and duties of successor personal representative.

A successor personal representative has the same power and duty as the original personal representative to complete the administration and distribution of the estate, as expeditiously as possible, but he shall not exercise any power expressly made personally to any personal representative named in the will. History: 1953 Comp., § 32A-3-716, enacted by Laws 1975, ch. 257, § 3-716. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 33 C.J.S. Executors and Administrators § 142.
NM Stat § 45-3-717 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 3 - Probate of Wills and Administration|Part 7 - DUTIES AND POWERS OF PERSONAL REPRESENTATIVES|Section 45-3-717 - Co-representatives; when joint action required.

A. If two or more persons are appointed co-representatives, the concurrence of all is required, unless the will provides otherwise, on all acts connected with the administration and distribution of the estate. This restriction does not apply when: (1) any co-representative receives and receipts for property due the estate; (2) the concurrence of all cannot readily be obtained in the time reasonably available for emergency action necessary to preserve the estate; or (3) a co-representative has been delegated to act for the others. B. Persons dealing with a co-representative, if actually unaware that another has been appointed to serve with him or if advised by the personal representative with whom they are dealing that he has authority to act alone for any of the reasons mentioned herein, are as fully protected as if the person with whom they dealt had been the sole personal representative. C. A co-representative who abdicates his responsibility to coadminister the estate by a blanket delegation breaches his duty to interested persons as provided by Section 3-703 [45-3-703 NMSA 1978]. History: 1953 Comp., § 32A-3-717, enacted by Laws 1975, ch. 257, § 3-717. ANNOTATIONSOfficial comments. — See Commissioners on Uniform State Law official comment to 3-717 UPC. Sale by one executor. — A sale by the executor named in a will, to whom letters testamentary have issued, under a power of sale authorizing the executors to sell the real and personal property, was not void because the other executor named in the will renounced the executor's appointment and refused to accept the trust, since the sale was made after the administrators had been discharged and the letters testamentary granted to the remaining executor. Smith v. Steen, 1915-NMSC-051, 20 N.M. 436, 150 P. 927. Am. Jur. 2d, A.L.R. and C.J.S. references. — Coexecutor's or coadministrator's liability for defaults or wrongful acts of fiduciary in handling estate, 65 A.L.R.2d 1019. Right of coexecutor to reimbursement from estate for fees paid independent legal counsel retained by him, 66 A.L.R.2d 1169. 34 C.J.S. Executors and Administrators § 1042.
NM Stat § 45-3-718 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 3 - Probate of Wills and Administration|Part 7 - DUTIES AND POWERS OF PERSONAL REPRESENTATIVES|Section 45-3-718 - Powers of surviving personal representative.

Unless the terms of the will otherwise provide, when one or more of several personal representatives fails or refuses to qualify as a personal representative or when one or more of several personal representatives, after appointment, dies, becomes disabled or is removed, the remaining personal representatives shall proceed to administer the estate and have all powers vested in all the personal representatives incident to the office. History: 1953 Comp., § 32A-3-718, enacted by Laws 1975, ch. 257, § 3-718. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 34 C.J.S. Executors and Administrators § 1047.
NM Stat § 45-3-721 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 3 - Probate of Wills and Administration|Part 7 - DUTIES AND POWERS OF PERSONAL REPRESENTATIVES|Section 45-3-721 - Proceedings for review of employment and compensation.

After notice to all interested persons or on petition of an interested person or an appropriate motion if administration is supervised, the court may review the propriety of employment of any person by a personal representative including any attorney, auditor, investment advisor or other specialized agent or assistant, the reasonableness of the compensation of any person so employed or the reasonableness of the compensation determined by the personal representative for his own services. Any person who has received excessive compensation from an estate for services rendered may be ordered to make appropriate refunds. History: 1978 Comp., § 45-3-721, enacted by Laws 1995, ch. 210, § 40. ANNOTATIONSOfficial comments. — See Commissioners on Uniform State Law official comment to 3-721 UPC. Effective dates. — Laws 1995, ch. 210, § 94 made the act effective July 1, 1995.
NM Stat § 45-3-802 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 3 - Probate of Wills and Administration|Part 8 - CREDITORS' CLAIMS|Section 45-3-802 - Statutes of limitations.

A. Unless an estate is insolvent, the personal representative, with the consent of all successors whose interests would be affected, may waive any defense of limitations available to the estate. If the defense is not waived, no claim that was barred by any statute of limitations at the time of the decedent's death shall be allowed or paid. B. The running of a statute of limitations measured from an event other than death or the giving of notice to creditors is suspended for four months after the decedent's death but resumes thereafter as to claims not barred by other sections. C. For purposes of a statute of limitations, the presentation of a claim pursuant to Section 45-3-804 NMSA 1978 is equivalent to commencement of a proceeding on the claim. History: 1953 Comp., § 32A-3-802, enacted by Laws 1975, ch. 257, § 3-802; 1993, ch. 174, § 72; 1995, ch. 210, § 41. ANNOTATIONSOfficial comments. — See Commissioners on Uniform State Law official comment to 3-802 UPC. The 1995 amendment, effective July 1, 1995, inserted "whose interest would be affected" in the first sentence in Subsection A. The 1993 amendment, effective July 1, 1993, deleted the former third sentence of Subsection A, pertaining to suspension of running of any statute of limitations; added current Subsection B; redesignated former Subsection B as Subsection C; deleted "proper" preceding "presentation" and substituted "pursuant to Section 45-3-804 NMSA 1978" for "under Section 3-804" in Subsection C; and made minor stylistic changes throughout the section. Am. Jur. 2d, A.L.R. and C.J.S. references. — Direction in will for payment of debts of testator, or for payment of specified debt, as affecting debts or debt barred by limitation, 109 A.L.R. 1440. Nonclaim statute as governing claim barred, subsequent to death of obligor, by general statute of limitations, 112 A.L.R. 289. Effect of statement of claim against decedent's estate regarding debt apparently barred by the statute of limitations, 119 A.L.R. 426. Estoppel by silence or other conduct (other than failure to file) to assert against estate claim antedating decedent's death, 146 A.L.R. 1179. Waiver or tolling of statute of limitations by executor or administrator, 8 A.L.R.2d 660. Running of statute of limitations as affected by doctrine of relation back of appointment of administrator, 3 A.L.R.3d 1234. Delay in appointing administrator or other representative, effect on cause of action accruing at or after death of person in whose favor it would have accrued, 28 A.L.R.3d 1141. What constitutes rejection of claim against estate to commence running of statute of limitations applicable to rejected claims, 36 A.L.R.4th 684. 34 C.J.S. Executors and Administrators § 404.
NM Stat § 45-3-807 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 3 - Probate of Wills and Administration|Part 8 - CREDITORS' CLAIMS|Section 45-3-807 - Payment of claims.

A. Upon the expiration of the earlier of the time limitations provided in Section 45-3-803 NMSA 1978, the personal representative shall proceed to pay the claims allowed against the estate in the order of priority described, after making provision for family and personal property allowances, for claims already presented that have not yet been allowed or whose allowance has been appealed and for unbarred claims that may yet be presented, including costs and expenses of administration. By petition to the district court in a proceeding for the purpose or by appropriate motion if the administration is supervised, a claimant whose claim has been allowed but not paid may secure an order directing the personal representative to pay the claim to the extent funds of the estate are available to pay it. B. The personal representative at any time may pay any just claim that has not been barred, with or without formal presentation, but he is personally liable to any other claimant whose claim is allowed and who is injured by its payment if: (1) payment was made before the expiration of the time limit stated in Subsection A of this section and the personal representative failed to require the payee to give adequate security for the refund of any of the payment necessary to pay other claimants; or (2) payment was made, due to negligence or willful fault of the personal representative, in such manner as to deprive the injured claimant of priority. History: 1953 Comp., § 32A-3-807, enacted by Laws 1975, ch. 257, § 3-807; 1993, ch. 174, § 75. ANNOTATIONSOfficial comments. — See Commissioners on Uniform State Law official comment to 3-807 UPC. Cross references. — For classification of claims, see 45-3-805 NMSA 1978. For allowance of claims, see 45-3-806 NMSA 1978. The 1993 amendment, effective July 1, 1993, substituted "the earlier of the time limitations provided in Section 45-3-803 NMSA 1978" for "two months from the date of the first publication of the notice to creditors" in the first sentence in Subsection A; substituted "willful fault" for "willful act" in Paragraph (2) in Subsection B; and made minor stylistic changes throughout the section. Am. Jur. 2d, A.L.R. and C.J.S. references. — Remedies of creditors of insolvent decedent's estate where other creditors have received excessive payments, 77 A.L.R. 981. Validity, construction and application of provision of fidelity bond as to giving of notice of loss or claim within specified time after close of bond year, 149 A.L.R. 945. 34 C.J.S. Executors and Administrators § 457.