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 […]
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 […]
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., […]
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. […]
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, […]
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 […]
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, […]
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 […]
Section 45-3-803 – Limitations on presentation of claims.
A. All claims against a decedent’s estate that arose before the death of the decedent, including claims of the state and any political subdivision of the state, whether due or to become due, absolute or contingent, liquidated or unliquidated or founded on contract, tort or other legal basis, if not barred earlier by another statute […]
Section 45-3-804 – Manner of presentation of claims.
Claims against a decedent’s estate may be presented as follows: A. the claimant may deliver or mail to the personal representative a written statement of the claim indicating its basis, the name and address of the claimant and the amount claimed, or he may file a written statement of the claim with the appropriate court. […]