Section 45-3-1205 – Transfer of title to homestead to surviving spouse by affidavit.
A. Where a husband and wife own a homestead as community property and when either the husband or wife dies intestate or dies testate and by the husband’s or wife’s will devises the husband’s or wife’s interest in the homestead to the surviving spouse, the homestead passes to the survivor and no probate or administration […]
Section 45-3-1206 – Effect of affidavit.
A purchaser of real property from or lender to the surviving spouse designated as such in the affidavit recorded under Section 45-3-1205 NMSA 1978 is entitled to the same protection as a person purchasing from or lending to a distributee who has received a deed of distribution from a personal representative as provided in Section […]
Section 45-3-1002 – Formal proceedings terminating testate administration; order construing will without adjudicating testacy.
A. A personal representative administering an estate under an informally probated will, or any devisee under an informally probated will, may petition for an order of settlement of the estate which will not adjudicate the testacy status of the decedent. The personal representative may petition at any time, and a devisee may petition after one […]
Section 45-3-1003 – Closing estates; by sworn statement of personal representative.
A. Unless prohibited by order of the district court and except for estates being administered in supervised administration proceedings, a personal representative may close an estate by filing with the court, no earlier than six months after the date of original appointment of a general personal representative for the estate, a verified statement stating that […]
Section 45-3-1004 – Liability of distributees to claimants.
A. After assets of an estate have been distributed and subject to Section 45-3-1006 NMSA 1978, an unpaid claim not barred may be prosecuted in a proceeding against one or more distributees. B. No distributee shall be liable to claimants for amounts received as family or personal property allowances or for amounts in excess of […]
Section 45-3-1005 – Limitations on proceedings against personal representative.
Unless previously barred by adjudication and except as provided in the closing statement, the rights of successors and of creditors whose claims have not otherwise been barred against the personal representative for breach of fiduciary duty are barred unless a proceeding to assert such rights is commenced within six months after the filing of the […]
Section 45-3-1006 – Limitations on actions and proceedings against distributees.
Unless previously adjudicated in a formal testacy proceeding or in a proceeding settling the accounts of a personal representative or unless otherwise barred, the claim of a claimant to recover from a distributee who is liable to pay the claim and the right of an heir or devisee or of a successor personal representative acting […]
Section 45-3-927 – Securing payment of estate tax from property in possession of fiduciary.
A. A fiduciary may defer a distribution of property until the fiduciary is satisfied that adequate provision for payment of the estate tax has been made. B. A fiduciary may withhold from a distributee an amount equal to the amount of estate tax apportioned to an interest of the distributee. C. As a condition to […]
Section 45-3-928 – Collection of estate tax by fiduciary.
A. A fiduciary responsible for payment of an estate tax may collect from any person the tax apportioned to and the tax required to be advanced by the person. B. Except as otherwise provided in Section 10 [45-3-925 NMSA 1978] of this act, any estate tax due from a person that cannot be collected from […]
Section 45-3-929 – Right of reimbursement.
A. A person required under Section 13 [45-3-928 NMSA 1978] of this act to pay an estate tax greater than the amount due from the person under Section 7 or 8 [45-3-922, 45-3-923 NMSA 1978] of this act has a right to reimbursement from another person to the extent that the other person has not […]