reglab/housing_qa huggingface dataset:
NM Stat § 45-3-809 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 3 - Probate of Wills and Administration|Part 8 - CREDITORS' CLAIMS|Section 45-3-809 - Secured claims.

Payment of a secured claim is upon the basis of the amount allowed if the creditor surrenders his security; otherwise payment is upon the basis of one of the following: A. if the creditor exhausts his security before receiving payment (unless precluded by other law), upon the amount of the claim allowed less the fair value of the security; or B. if the creditor does not have the right to exhaust his security or has not done so, upon the amount of the claim allowed less the fair value of the security determined, if applicable, by the terms of the agreement pursuant to which the security was delivered to the creditor, or by the creditor and personal representative by agreement, arbitration, compromise or litigation. History: 1953 Comp., § 32A-3-809, enacted by Laws 1975, ch. 257, § 3-809. ANNOTATIONSCross references. — For compromise of claim, see 45-3-813 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. — Right of heir or devisee to have realty exonerated from lien thereon at expense of personal estate, 4 A.L.R.3d 1023. 34 C.J.S. Executors and Administrators §§ 368, 458.
NM Stat § 45-3-810 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 3 - Probate of Wills and Administration|Part 8 - CREDITORS' CLAIMS|Section 45-3-810 - Claims not due and contingent or unliquidated claims.

A. If a claim which will become due at a future time or if a contingent or unliquidated claim becomes due or certain before the distribution of the estate, and if the claim has been allowed or established by a proceeding, it is paid in the same manner as presently due and absolute claims of the same class. B. In other cases the personal representative or, on petition of the personal representative or the claimant in a special proceeding for the purpose, the district court, may provide for payment as follows: (1) if the claimant consents, he may be paid the present or agreed value of the claim, taking any uncertainty into account; or (2) arrangement for future payment, or possible payment, on the happening of the contingency or on liquidation, may be made by creating a trust, giving a mortgage, obtaining a bond or security from a distributee or otherwise. History: 1953 Comp., § 32A-3-810, enacted by Laws 1975, ch. 257, § 3-810. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — Action on contingent claim, presentation of claim as condition precedent, 34 A.L.R. 372. Claim on decedent's contract of guarantyship, suretyship or endorsement, as contingent, 94 A.L.R. 1155. Tort claim as within nonclaim statutes, 22 A.L.R.3d 493. 34 C.J.S. Executors and Administrators § 377.
NM Stat § 45-3-811 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 3 - Probate of Wills and Administration|Part 8 - CREDITORS' CLAIMS|Section 45-3-811 - Counterclaims.

A. In allowing a claim, the personal representative may deduct any counterclaim which the estate has against the claimant. B. In determining a claim against an estate the district court shall reduce the amount allowed by the amount of any counterclaims and, if the counterclaims exceed the claim, render a judgment against the claimant in the amount of the excess. History: 1953 Comp., § 32A-3-811, enacted by Laws 1975, ch. 257, § 3-811. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — Presentation of claim to executor or administrator as prerequisite of its availability as counterclaim or setoff, 36 A.L.R.3d 693. 34 C.J.S. Executors and Administrators §§ 468, 470.
NM Stat § 45-3-812 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 3 - Probate of Wills and Administration|Part 8 - CREDITORS' CLAIMS|Section 45-3-812 - Execution and levies prohibited.

No execution may issue upon nor may any levy be made against any property of the estate under any judgment against a decedent or a personal representative, but this section shall not be construed to prevent the enforcement of mortgages, pledges or liens upon real or personal property in an appropriate proceeding. History: 1953 Comp., § 32A-3-812, enacted by Laws 1975, ch. 257, § 3-812. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — Family allowance from decedent's estate as exempt from attachment, garnishment, execution and foreclosure, 27 A.L.R.3d 863.
NM Stat § 45-3-813 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 3 - Probate of Wills and Administration|Part 8 - CREDITORS' CLAIMS|Section 45-3-813 - Compromise of claims.

When a claim against the estate has been presented in any manner, the personal representative may, if it appears for the best interest of the estate, compromise the claim, whether due or not due, absolute or contingent, liquidated or unliquidated. History: 1953 Comp., § 32A-3-813, enacted by Laws 1975, ch. 257, § 3-813. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 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. Effect of settlement with and acceptance of release from one wrongful death beneficiary upon liability of tortfeasor to other beneficiaries or decedent's personal representative, 21 A.L.R.4th 275. 34 C.J.S. Executors and Administrators § 469.
NM Stat § 45-3-814 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 3 - Probate of Wills and Administration|Part 8 - CREDITORS' CLAIMS|Section 45-3-814 - Encumbered assets.

If any assets of the estate are encumbered by mortgage, pledge, lien or other security interest, the personal representative may pay the encumbrance or any part thereof, renew or extend any obligation secured by the encumbrance or convey or transfer the assets to the creditor in satisfaction of his lien, in whole or in part, whether or not the holder of the encumbrance has presented a claim, if it appears to be for the best interest of the estate. Payment of an encumbrance does not increase the share of the distributee entitled to the encumbered assets unless the distributee is entitled to exoneration. History: 1953 Comp., § 32A-3-814, enacted by Laws 1975, ch. 257, § 3-814; 1976 (S.S.), ch. 37, § 13. ANNOTATIONSOfficial comments. — See Commissioners on Uniform State Law official comment to 3-814 UPC. Am. Jur. 2d, A.L.R. and C.J.S. references. — Right of executor or administrator personally to purchase and enforce mortgage or other lien on real property of decedent, 117 A.L.R. 1371. 33 C.J.S. Executors and Administrators §§ 189, 201; 34 C.J.S. Executors and Administrators §§ 468, 470.
NM Stat § 45-3-815 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 3 - Probate of Wills and Administration|Part 8 - CREDITORS' CLAIMS|Section 45-3-815 - Administration in more than one state; duty of personal representative.

A. All assets of estates being administered in New Mexico are subject to all claims, allowances and charges existing or established against the personal representative wherever appointed. B. If the estate, either in New Mexico or as a whole, is insufficient to cover all family exemptions and allowances (as determined by the law of the decedent's domicile), prior charges and claims, after satisfaction of the exemptions, allowances and charges, each claimant whose claim has been allowed, either in New Mexico or elsewhere in administrations of which the personal representative is aware, is entitled to receive payment of an equal proportion of his claim. If a preference or security in regard to a claim is allowed in another jurisdiction but not in New Mexico, the creditor so benefited is to receive distributions from local assets only upon the balance of his claim after deducting the amount of the benefit. C. In case the family exemptions and allowances, prior charges and claims of the entire estate exceed the total value of the portions of the estate being administered separately, and New Mexico is not the state of the decedent's last domicile, the claims allowed in New Mexico shall be paid their proportion if local assets are adequate for that purpose, and the balance of local assets shall be transferred to the domiciliary personal representative. If local assets are not sufficient to pay all claims owed in New Mexico in the amount to which they are entitled, local assets shall be marshalled so that each claim allowed in this state is paid its correct proportion as far as possible, after taking into account all distributions on claims allowed in New Mexico from assets in other jurisdictions. History: 1953 Comp., § 32A-3-815, enacted by Laws 1975, ch. 257, § 3-815. ANNOTATIONSOfficial comments. — See Commissioners on Uniform State Law official comment to 3-815 UPC. Foreign wrongful death judgment enforceable. — The Uniform Probate Code, as adopted in New Mexico, allows the enforcement of a wrongful death judgment entered in another jurisdiction. Torrez v. State Farm Mut. Auto. Ins. Co., 705 F.2d 1192 (10th Cir. 1982). Am. Jur. 2d, A.L.R. and C.J.S. references. — Right of executor or administrator personally to purchase and enforce mortgage or other lien on real property of decedent, 117 A.L.R. 1371. 34 C.J.S. Executors and Administrators §§ 368, 478.
NM Stat § 45-3-816 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 3 - Probate of Wills and Administration|Part 8 - CREDITORS' CLAIMS|Section 45-3-816 - Final distribution to domiciliary representative.

The estate of a nonresident decedent being administered by a personal representative appointed in New Mexico shall, if there is a personal representative of the decedent's domicile willing to receive it, be distributed to the domiciliary personal representative for the benefit of the successors of the decedent unless: A. by virtue of the decedent's will, if any, and applicable choice of law rules, the successors are identified pursuant to the local law of New Mexico without reference to the local law of the decedent's domicile; B. the personal representative of New Mexico, after reasonable inquiry, is unaware of existence or identity of a domiciliary personal representative; or C. the court orders otherwise in a proceeding for a closing order under Section 3-1001 [45-3-1001 NMSA 1978] or incident to the closing of a supervised administration. History: 1953 Comp., § 32A-3-816, enacted by Laws 1975, ch. 257, § 3-816. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 34 C.J.S. Executors and Administrators § 1006.
NM Stat § 45-3-901 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 3 - Probate of Wills and Administration|Part 9 - SPECIAL PROVISIONS RELATING TO DISTRIBUTION|Section 45-3-901 - Successors' rights if no administration.

In the absence of administration, the heirs and devisees are entitled to the estate in accordance with the terms of a probated will or the laws of intestate succession. Devisees may establish title by the probated will to devised property. Persons entitled to property by the family allowance, personal property allowance or intestacy may establish title thereto by proof of the decedent's ownership, his death and their relationship to the decedent. Successors take subject to all charges incident to adminstration [administration], including the claims of creditors and allowances of surviving spouse and dependent children, and subject to the rights of others resulting from abatement, retainer, advancement and ademption. History: 1953 Comp., § 32A-3-901, enacted by Laws 1975, ch. 257, § 3-901. ANNOTATIONSOfficial comments. — See Commissioners on Uniform State Law official comment to 3-901 UPC. Bracketed material. — The bracketed material was inserted material by the compiler and is not part of the law. Am. Jur. 2d, A.L.R. and C.J.S. references. — 31 Am. Jur. 2d Executors and Administrators § 1012 et seq. 26A C.J.S. Descent and Distribution § 61; 95 C.J.S. Wills § 310.
NM Stat § 45-3-903 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 3 - Probate of Wills and Administration|Part 9 - SPECIAL PROVISIONS RELATING TO DISTRIBUTION|Section 45-3-903 - Successor's indebtedness offset against interest; defenses.

The amount of a noncontingent indebtedness of a successor to the estate if due, or its present value if not due, shall be offset against the successor's interest; but the successor has the benefit of any defense which would be available to him in a direct proceeding for recovery of the debt. History: 1953 Comp., § 32A-3-903, enacted by Laws 1975, ch. 257, § 3-903. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 34 C.J.S. Executors and Administrators § 494.
NM Stat § 45-3-904 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 3 - Probate of Wills and Administration|Part 9 - SPECIAL PROVISIONS RELATING TO DISTRIBUTION|Section 45-3-904 - Interest on general pecuniary devise.

General pecuniary devises bear interest at five percent per annum beginning one year after the first appointment of a personal representative until payment, unless a contrary intent is indicated by the will or unless distribution is withheld under the provisions of a court order upon a showing of good cause by the personal representative. History: 1953 Comp., § 32A-3-904, enacted by Laws 1975, ch. 257, § 3-904. ANNOTATIONSOfficial comments. — See Commissioners on Uniform State Law official comment to 3-904 UPC. Am. Jur. 2d, A.L.R. and C.J.S. references. — Bequest of bank deposits, stocks, bonds, notes or other securities as carrying dividends or interest accruing between testator's death and payment of legacy, 15 A.L.R.3d 1038. 97 C.J.S. Wills § 1345.
NM Stat § 45-3-905 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 3 - Probate of Wills and Administration|Part 9 - SPECIAL PROVISIONS RELATING TO DISTRIBUTION|Section 45-3-905 - Penalty clause for contest.

A provision in a will purporting to penalize any interested person for contesting the will or instituting other proceedings relating to the estate is unenforceable if probable cause exists for instituting proceedings. History: Laws 1975, ch. 257, § 3-905; repealed and reenacted by Laws 2016, ch. 69, § 718. ANNOTATIONSRepeals and reenactments. — Laws 2016, ch. 69, § 718 repealed former 45-3-905 NMSA 1978, and enacted a new section, effective July 1, 2016. Compiler's notes. — Laws 1975, ch. 257, § 3-905, contained this section number, but no accompanying text.
NM Stat § 45-3-907 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 3 - Probate of Wills and Administration|Part 9 - SPECIAL PROVISIONS RELATING TO DISTRIBUTION|Section 45-3-907 - Distribution in kind; evidence.

If distribution in kind is made, the personal representative shall execute an instrument or deed of distribution assigning, transferring or releasing the assets to the distributee as evidence of the distributee's title to the property. History: 1953 Comp., § 32A-3-907, enacted by Laws 1975, ch. 257, § 3-907. ANNOTATIONSOfficial comments. — See Commissioners on Uniform State Law official comment to 3-907 UPC. Am. Jur. 2d, A.L.R. and C.J.S. references. — 34 C.J.S. Executors and Administrators § 488.
NM Stat § 45-3-908 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 3 - Probate of Wills and Administration|Part 9 - SPECIAL PROVISIONS RELATING TO DISTRIBUTION|Section 45-3-908 - Distribution; right or title of distributee.

Proof that a distributee has received an instrument or deed of distribution of assets in kind, or payment in distribution, from a personal representative is conclusive evidence that the distributee has succeeded to the interest of the estate in the distributed assets, as against all interested persons. However, the personal representative may recover the assets or their value if the distribution was improper. History: 1953 Comp., § 32A-3-908, enacted by Laws 1975, ch. 257, § 3-908. ANNOTATIONSOfficial comments. — See Commissioners on Uniform State Law official comment to 3-908 UPC. Am. Jur. 2d, A.L.R. and C.J.S. references. — 34 C.J.S. Executors and Administrators § 488.
NM Stat § 45-3-909 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 3 - Probate of Wills and Administration|Part 9 - SPECIAL PROVISIONS RELATING TO DISTRIBUTION|Section 45-3-909 - Improper distribution; liability of distributee.

Unless the distribution or payment no longer can be questioned because of adjudication, estoppel or limitation, a distributee of property improperly distributed or paid, or a claimant who was improperly paid, is liable to return the property improperly received and its income since distribution if he has the property. If he does not have the property, then he is liable to return the value as of the date of disposition of the property improperly received and the income and gain from that property received by him. History: 1953 Comp., § 32A-3-909, enacted by Laws 1975, ch. 257, § 3-909. ANNOTATIONSOfficial comments. — See Commissioners on Uniform State Law official comment to 3-909 UPC. Am. Jur. 2d, A.L.R. and C.J.S. references. — 34 C.J.S. Executors and Administrators §§ 502, 504, 510.
NM Stat § 45-3-910 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 3 - Probate of Wills and Administration|Part 9 - SPECIAL PROVISIONS RELATING TO DISTRIBUTION|Section 45-3-910 - Purchases from distributees protected.

If property distributed in kind or a security interest therein is acquired for value by a purchaser from or lender to a distributee who has received an instrument or deed of distribution from the personal representative, or is so acquired by a purchaser from or lender to a transferee from such distributee, the purchaser or lender takes title free of rights of any interested person in the estate and incurs no personal liability to the estate, or to any interested person, whether or not the distribution was proper or supported by court order or the authority of the personal representative was terminated before execution of the instrument or deed. This section protects a purchaser from or lender to a distributee who, as personal representative, has executed a deed of distribution to himself, as well as a purchaser from or lender to any other distributee or transferee. To be protected under this provision, a purchaser or lender need not inquire whether a personal representative acted properly in making the distribution in kind, even if the personal representative and the distributee are the same person, or whether the authority of the personal representative had terminated before the distribution. History: 1953 Comp., § 32A-3-910, enacted by Laws 1975, ch. 257, § 3-910; repealed and reenacted by Laws 1993, ch. 174, § 77. ANNOTATIONSOfficial comments. — See Commissioners on Uniform State Law official comment to 3-910 UPC. Repeals and reenactments. — Laws 1993, ch. 174, § 77 repealed 45-3-910 NMSA 1978, as enacted by Laws 1975, ch. 257, § 3-910, and enacted a new section, effective July 1, 1993. Am. Jur. 2d, A.L.R. and C.J.S. references. — 26A C.J.S. Descent and Distribution § 78; 96 C.J.S. Wills § 1121.
NM Stat § 45-3-913 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 3 - Probate of Wills and Administration|Part 9 - SPECIAL PROVISIONS RELATING TO DISTRIBUTION|Section 45-3-913 - Distributions to trustee.

A. Before distributing to a trustee, the personal representative may require that the trust be registered if the state in which it is to be administered provides for registration and that the trustee inform the beneficiaries as provided in Section 46A-8-813 NMSA 1978. B. If the trust instrument does not excuse the trustee from giving bond, the personal representative may petition the appropriate court to require that the trustee post bond if the personal representative apprehends that distribution might jeopardize the interests of persons who are not able to protect themselves, and the personal representative may withhold distribution until the court has acted. C. No inference of negligence on the part of the personal representative shall be drawn from the personal representative's failure to exercise the authority conferred by Subsections A and B of this section. History: 1953 Comp., § 32A-3-913, enacted by Laws 1975, ch. 257, § 3-913; 1995, ch. 210, § 44; 2011, ch. 124, § 48. ANNOTATIONSOfficial comments. — See Commissioners on Uniform State Law official comment to 3-913 UPC. The 2011 amendment, effective January 1, 2012, in Subsection A, changed the statutory reference to Section 46A-8-813 NMSA 1978. The 1995 amendment, effective July 1, 1995, added Subsection A; redesignated former Subsections A and B as Subsections B and C; and substituted "Subsections A and B" for "Subsection A" in Subsection C. Am. Jur. 2d, A.L.R. and C.J.S. references. — Conflict of laws as to administration of testamentary trusts and proper forum for judicial proceedings relating thereto, 115 A.L.R. 802. 34 C.J.S. Executors and Administrators § 482.
NM Stat § 45-3-914 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 3 - Probate of Wills and Administration|Part 9 - SPECIAL PROVISIONS RELATING TO DISTRIBUTION|Section 45-3-914 - Disposition of unclaimed assets.

If an heir, devisee or claimant cannot be found, the personal representative shall distribute the share of the missing person to his conservator, if any. Otherwise, the personal representative shall sell the share of the missing person and distribute the proceeds to the state treasurer as prescribed by the Uniform Unclaimed Property Act [Chapter 7, Article 8A NMSA 1978]. History: 1953 Comp., § 32A-3-914, enacted by Laws 1975, ch. 257, § 3-914; 1993, ch. 174, § 78. ANNOTATIONSOfficial comments. — See Commissioners on Uniform State Law official comment to 3-914 UPC. The 1993 amendment, effective July 1, 1993, substituted "Uniform Unclaimed Property Act" for "Uniform Disposition of Unclaimed Property Act Sections 22-22-1 through 22-22-29 NMSA 1953". Escheat to state. — In the event of the death of a patient for whom there are no records of dependents, relatives, friends or beneficiaries, the disposition of personal effects and/or moneys left at the hospital by the deceased should be escheated to the state. 1961 Op. Att'y Gen. No. 61-116 (opinion rendered under former law). Am. Jur. 2d, A.L.R. and C.J.S. references. — Necessity of judicial proceedings to vest title to real property in state by escheat, 23 A.L.R. 1237, 79 A.L.R. 1364. Necessity and sufficiency of notice to support title by escheat to decedent's estate, 48 A.L.R. 1342. Inheritance from illegitimate, 48 A.L.R.2d 759. Escheat of personal property of intestate domiciled or resident in another state, 50 A.L.R.2d 1375. Duty and liability of executor with respect to locating and noticing legatees, devisees or heirs, 10 A.L.R.3d 547. 30A C.J.S. Escheat §§ 4 to 6.