2020 New Mexico Statutes
Chapter 45 - Uniform Probate Code
Article 3 - Probate of Wills and Administration
Section 45-3-1004 - Liability of distributees to claimants.

Universal Citation: NM Stat § 45-3-1004 (2020)

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 the value of his distribution as of the time of distribution. As between distributees, each shall bear the cost of satisfaction of unbarred claims as if the claim had been satisfied in the course of administration.

C. Any distributee who fails to notify other distributees of the demand made upon him by the claimant in sufficient time to permit them to join in any proceeding in which the claim was asserted against him loses his right of contribution against other distributees.

History: 1953 Comp., § 32A-3-1004, enacted by Laws 1975, ch. 257, § 3-1004; 1995, ch. 210, § 45.


Official comments.See Commissioners on Uniform State Law official comment to 3-1004 UPC.

The 1995 amendment, effective July 1, 1995, substituted "Section 45-3-1006 NMSA" for "Section 3-1006" in Subsection A; inserted "received as family or personal property allowances or for amounts" in the first sentence in Subsection B; and made a minor stylistic change.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 26A C.J.S. Descent and Distribution § 116; 97 C.J.S. Wills § 1311.

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