2021 New Mexico Statutes
Chapter 45 - Uniform Probate Code
Article 3 - Probate of Wills and Administration
Part 9 - SPECIAL PROVISIONS RELATING TO DISTRIBUTION
Section 45-3-914 - Disposition of unclaimed assets.
If an heir, devisee or claimant cannot be found, the personal representative shall distribute the share of the missing person to his conservator, if any. Otherwise, the personal representative shall sell the share of the missing person and distribute the proceeds to the state treasurer as prescribed by the Uniform Unclaimed Property Act [Chapter 7, Article 8A NMSA 1978].
History: 1953 Comp., § 32A-3-914, enacted by Laws 1975, ch. 257, § 3-914; 1993, ch. 174, § 78.
ANNOTATIONSOfficial comments. — See Commissioners on Uniform State Law official comment to 3-914 UPC.
The 1993 amendment, effective July 1, 1993, substituted "Uniform Unclaimed Property Act" for "Uniform Disposition of Unclaimed Property Act Sections 22-22-1 through 22-22-29 NMSA 1953".
Escheat to state. — In the event of the death of a patient for whom there are no records of dependents, relatives, friends or beneficiaries, the disposition of personal effects and/or moneys left at the hospital by the deceased should be escheated to the state. 1961 Op. Att'y Gen. No. 61-116 (opinion rendered under former law).
Am. Jur. 2d, A.L.R. and C.J.S. references. — Necessity of judicial proceedings to vest title to real property in state by escheat, 23 A.L.R. 1237, 79 A.L.R. 1364.
Necessity and sufficiency of notice to support title by escheat to decedent's estate, 48 A.L.R. 1342.
Inheritance from illegitimate, 48 A.L.R.2d 759.
Escheat of personal property of intestate domiciled or resident in another state, 50 A.L.R.2d 1375.
Duty and liability of executor with respect to locating and noticing legatees, devisees or heirs, 10 A.L.R.3d 547.
30A C.J.S. Escheat §§ 4 to 6.
