2019 New Mexico Statutes
Chapter 45 - Uniform Probate Code
Article 3 - Probate of Wills and Administration
Part 10 - CLOSING ESTATES
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 the personal representative or a previous personal representative has:

(1) determined that the time limited for presentation of creditors' claims has expired;

(2) fully administered the estate of the decedent by making payment, settlement or other disposition of all claims that were presented, expenses of administration and estate, inheritance and other death taxes, except as specified in the statement, and that the assets of the estate have been distributed to the persons entitled. If any claims remain undischarged, the statement shall state whether the personal representative has distributed the estate subject to possible liability with the agreement of the distributees or it shall state in detail other arrangements that have been made to accommodate outstanding liabilities; and

(3) sent a copy of the statement to all distributees of the estate and to all creditors or other claimants of whom the personal representative is aware whose claims are neither paid nor barred and has furnished a full account in writing of the personal representative's administration to the distributees whose interests are affected thereby, including guardians ad litem appointed pursuant to Section 45-1-403 NMSA 1978, conservators and guardians.

B. If no proceedings involving the personal representative are pending in the district court one year after the closing statement is filed, the appointment of the personal representative terminates.

History: 1953 Comp., § 32A-3-1003, enacted by Laws 1975, ch. 257, § 3-1003; 1983, ch. 194, § 7; 1993, ch. 174, § 81; 2016, ch. 69, § 720.

Official comments. — See Commissioners on Uniform State Law official comment to 3-1003 UPC.

The 2016 amendment, effective July 1, 2016, increased the minimum time that a personal representative may close an estate; in Subsection A, in the introductory sentence, after "no earlier than", deleted "three" and added "six".

The 1993 amendment, effective July 1, 1993, substituted "no earlier than three months after the date of original appointment of a general personal representative for the estate" for "after the time for presenting claims which arose prior to the death of the decedent has expired" in the introductory paragraph of Subsection A; rewrote Paragraph (1) in Subsection A which read "published notice to creditors as provided by Section 45-3-801 NMSA 1978 and that the first publication occurred more than two months prior to the date of the statement"; and made minor stylistic changes throughout the section.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 34 C.J.S. Executors and Administrators § 837.