2016 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.
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.
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