2011 New Mexico Statutes
Chapter 7: Taxation
Article 7: Estate Tax, 7-7-1 through 7-7-20
Section 7-7-8: Department to file certificate; final settlement of account.
7-7-8. Department to file certificate; final settlement of account.
A. Except as otherwise provided in Subsection B of this section, the department shall file a certificate with the clerk of the county in which the estate or any part of it is located when:
(1) no taxes imposed by the Estate Tax Act [7-7-1 NMSA 1978] are due; or
(2) the taxes due under the Estate Tax Act have been paid.
B. If the estate is not required to file a federal estate tax return, the filing of a certificate by the department is not required.
C. No court shall allow the final settlement of the account of any personal representative until either a certificate is filed as provided in this section if the estate is required to file a federal estate tax return or the personal representative demonstrates that the estate was not required to file a federal estate tax return.
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