reglab/statecodes huggingface dataset:
2023 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.
ANNOTATIONS
Compiler'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.
2023 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.
ANNOTATIONS
Official 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.
2023 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.
ANNOTATIONS
The 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.
2023 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.
ANNOTATIONS
Official 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.
2023 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.
ANNOTATIONS
Official 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.
2023 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.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
33 C.J.S. Executors and Administrators § 142.
2023 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.
ANNOTATIONS
Official 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.
2023 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.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
34 C.J.S. Executors and Administrators § 1047.
2023 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.
ANNOTATIONS
Official 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.
2023 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.
ANNOTATIONS
Official 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.
2023 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.
ANNOTATIONS
Official 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.
2023 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.
ANNOTATIONS
Cross 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.
2023 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.
ANNOTATIONS
Am. 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.
2023 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.
ANNOTATIONS
Am. 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.
2023 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.
ANNOTATIONS
Am. 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.
2023 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.
ANNOTATIONS
Am. 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.
2023 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.
ANNOTATIONS
Official 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.
2023 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.
ANNOTATIONS
Official 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.
2023 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.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
34 C.J.S. Executors and Administrators § 1006.
2023 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.
ANNOTATIONS
Official 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.
2023 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.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
34 C.J.S. Executors and Administrators § 494.
2023 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.
ANNOTATIONS
Official 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.
2023 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.
ANNOTATIONS
Repeals 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.
2023 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.
ANNOTATIONS
Official 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.
2023 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.
ANNOTATIONS
Official 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.
2023 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.
ANNOTATIONS
Official 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.
2023 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.
ANNOTATIONS
Official 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.
2023 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.
ANNOTATIONS
Official 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.
2023 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.
ANNOTATIONS
Official 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).
Unclaimed funds contrasted with proceeds from escheat.
— If a decedent dies intestate and no heirs can be found, the remaining estate funds escheat to the state and should be sent to the state treasurer to be deposited into the current school fund as required by N.M. Const., Art. XII, § 4. However, if a decedent dies with a will, the remaining estate funds should ultimately be sent to the taxation and revenue department, through the state treasurer, to be placed in the unclaimed property fund, administered by the taxation and revenue department for use by the state until such property is claimed by a lawful owner.
Disposition of remaining estate funds under the Probate Code
(10/8/19), Att'y Gen. Adv. Ltr. 2019-03.
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.
2023 New Mexico Statutes › Chapter 45 - Uniform Probate Code › Article 3 - Probate of Wills and Administration › Part 9 - SPECIAL PROVISIONS RELATING TO DISTRIBUTION › Section 45-3-915 - Distribution to person under disability.

A. A personal representative may discharge an obligation to distribute to a minor or person under other disability by distributing in a manner expressly provided in the will or other governing instrument.
B. Unless contrary to an express provision in the will or other governing instrument, the personal representative may discharge an obligation to distribute to a minor or person under other disability as authorized by Section 45-5-103 NMSA 1978 or any other statute. If the personal representative knows that a conservator has been appointed or that a proceeding for appointment of a conservator is pending, the personal representative is authorized to distribute only to the conservator.
C. If the heir or devisee is under disability other than minority, the personal representative is authorized to distribute to:
(1) an agent who has authority under a power of attorney to receive property for that person; or
(2) the spouse, parent or other close relative with whom the person under disability resides if the distribution is of amounts not exceeding ten thousand dollars ($10,000) a year or property not exceeding fifty thousand dollars ($50,000) in value unless the court authorizes a larger amount or greater value.
D. Persons receiving money or property for the disabled person are obligated to apply the money or property to the support of the disabled person. Persons may not pay themselves except by way of reimbursement for out-of-pocket expenses for goods and services necessary for the support of the disabled person. Excess sums must be preserved for future support of the disabled person. The personal representative is not responsible for the proper application of money or property distributed pursuant to this subsection.
History:
1953 Comp., § 32A-3-915, enacted by Laws 1975, ch. 257, § 3-915; 1993, ch. 174, § 79; 2011, ch. 124, § 49.
ANNOTATIONS
Official comments.
—
See
Commissioners on Uniform State Law official comment to 3-915 UPC.
The 2011 amendment,
effective January 1, 2012, in Subsections A and B, provided that distributions are governed by wills and other governing instruments; in Subsection B, changed the statutory reference to Section 45-5-103 NMSA 1978; and in Subsection C, increased the maximum amount of the distribution to fifty thousand dollars.
The 1993 amendment,
effective July 1, 1993, designated the formerly undesignated provision as Subsection A; substituted "in a manner expressly provided in the will" for "to his conservator or any other person authorized by the Uniform Probate Code or otherwise to give a valid receipt and discharge for the distribution" in Subsection A; and added Subsections B and C.
Law reviews.
— For article, "Intestate Succession and Wills Law: The New Probate Code," see 6 N.M.L. Rev. 25 (1975).
Am. Jur. 2d, A.L.R. and C.J.S. references. —
34 C.J.S. Executors and Administrators § 497.
2023 New Mexico Statutes › Chapter 45 - Uniform Probate Code › Article 3 - Probate of Wills and Administration › Part 9 - SPECIAL PROVISIONS RELATING TO DISTRIBUTION › Section 45-3-916 - Repealed.

History:
1953 Comp., § 32A-3-916, enacted by Laws 1975, ch. 257, § 3-916; 1993, ch. 174, § 80; 1978 Comp., § 45-3-916, repealed Laws 2005, ch. 143, § 18.
ANNOTATIONS
Repeals.
— Laws 2005, ch. 143, § 18 repealed 45-3-916, relating to apportionment of estate taxes, effective July 1, 2005. For provisions of former section,
see
the 2004 NMSA 1978 on
NMOneSource.com
. For the comparable provisions governing apportionment of estate taxes,
see
the Uniform Estate Tax Apportionment Act, 45-3-920 through 45-3-930 NMSA 1978..
2023 New Mexico Statutes › Chapter 45 - Uniform Probate Code › Article 3 - Probate of Wills and Administration › Part 9 - SPECIAL PROVISIONS RELATING TO DISTRIBUTION › Section 45-3-920 - Short title.

Sections 5 through 17 [15] [45-3-920 to 45-3-930 NMSA 1978] of this act may be cited as the "Uniform Estate Tax Apportionment Act".
History:
Laws 2005, ch. 143, § 5; 1978 Comp., § 45-9A-1 recompiled as § 45-3-920 by Laws 2011, ch. 124, § 99.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Laws 2005, ch. 143, § 16, relating to uniformity of application and construction of the Uniform Estate Tax Apportionment Act, was repealed by Laws 2011, ch. 124, § 97, effective January 1, 2012.
Laws 2005, ch. 143, § 17, relating to severability, was repealed by Laws 2011, ch. 124, § 97, effective January 1, 2012.
Recompilations.
— Laws 2011, ch. 124, § 99 recompiled former 45-9A-1 NMSA 1978 as 45-3-920 NMSA 1978, effective January 1, 2012.
Law reviews.
— For annual survey of New Mexico law of estates and trusts, see 19 N.M.L. Rev. 669 (1990).
Am. Jur. 2d, A.L.R. and C.J.S. references. — 42 Am. Jur. 2d Inheritance, Estate, and Gift Taxes § 341 et seq.
What law governs apportionment of estate taxes among persons interested in estate, 16 A.L.R.2d 1282.
Construction and effect of provisions of will relied upon as affecting the burden of taxation, 37 A.L.R.2d 7, 70 A.L.R.3d 630.
Statutes apportioning or prorating estate taxes, 37 A.L.R.2d 199.
Liability of executor or administrator to estate because of overpaying or unnecessarily paying tax, 55 A.L.R.3d 785.
26A C.J.S. Descent and Distribution § 72; 85 C.J.S. Taxation §§ 1167, 1168; 96 C.J.S. Wills §§ 1109, 1171.