2021 New Mexico Statutes
Chapter 45 - Uniform Probate Code
Article 3 - Probate of Wills and Administration
Part 8 - CREDITORS' CLAIMS
Section 45-3-801 - Notice to creditors.

A. A personal representative upon appointment may publish a notice to creditors once a week for three successive weeks in a newspaper of general circulation in the county in which the probate proceeding is pending, announcing the personal representative's appointment and address and notifying creditors of the estate to present their claims within four months after the date of the first publication of the notice or be forever barred.

B. A personal representative may give written notice by mail or other delivery to a creditor, announcing the personal representative's appointment and address and notifying the creditor to present the creditor's claim within four months after the published notice, if given as provided in Subsection A of this section, or within sixty days after the mailing or other delivery of the notice, whichever is later, or be forever barred.

C. The personal representative is not liable to anyone for giving or failing to give notice pursuant to this section.

History: 1953 Comp., § 32A-3-801, enacted by Laws 1975, ch. 257, § 3-801; 1993, ch. 174, § 71; repealed and reenacted by Laws 2016, ch. 69, § 715.

Repeals and reenactments. — Laws 2016, ch. 69, § 715 repealed former 45-3-801 NMSA 1978, and enacted a new section, effective July 1, 2016.

Cross references. — For publication of notice of litigation in the district courts, see 14-11-10 NMSA 1978.

The 1993 amendment, effective July 1, 1993, rewrote this section to the extent that a detailed comparison is impracticable.

Constructive notice to known creditors insufficient. — With respect to known creditors, tort claimants, and other interested persons, constructive notice in general publication of hearing of final account and report of a decedent's estate is insufficient to meet minimum due process requirements. In re Estate of Engrock, 1977-NMSC-046, 565 P.2d 662.

In a probate matter, where tort claimants to decedents' estates were not served with notice of the hearing of the final account and report, except by publication in a newspaper of limited circulation, despite the fact that the administrator of the estate knew of the tort claimants and their addresses, claimants' failure to object to the final accounting did not bar their claims, because the administrator knew or should have known that out-of-state tort claimants have very little chance of receiving notice through general publication; the duty of an administrator, executor, or personal representative is to preserve the assets of an estate for those legally entitled to that estate as determined by court decree. In re Estate of Engrock, 1977-NMSC-046, 565 P.2d 662.

Law reviews. — For annual survey of New Mexico Law of Wills and Trusts, see 20 N.M.L. Rev. 439 (1990).

Am. Jur. 2d, A.L.R. and C.J.S. references. — 31 Am. Jur. 2d Executors and Administrators § 596 et seq.

Validity of nonclaim statute or rule provision for notice by publication to claimants against estate - post-1950 cases, 56 A.L.R.4th 458.

34 C.J.S. Executors and Administrators § 411.