New Mexico § 41-2-3 - Personal representative to bring action; damages; distribution of proceeds
Full text of New Mexico New Mexico Statutes Annotated § 41-2-3 — Personal representative to bring action; damages; distribution of proceeds, with citation guidance and answers to common questions.
§ 41-2-3. Personal representative to bring action; damages; distribution of proceeds
Every action mentioned in Section 41-2-1 NMSA 1978 shall be brought by and in the name of the personal representative of the deceased
person, and the jury in every such action may give such damages, compensatory and
exemplary, as they deem fair and just, taking into consideration the pecuniary injury
resulting from the death to the surviving party entitled to the judgment, or any interest
in the judgment, recovered in such action and also having regard to the mitigating
or aggravating circumstances attending the wrongful act, neglect or default. The proceeds of any judgment obtained in any such action shall not be liable for
any debt of the deceased; provided the decedent has left a spouse, child, father,
mother, brother, sister or child or children of the deceased child, as defined in
the New Mexico Probate Code, but shall be distributed as follows: A. if there is a surviving spouse and no child, then to the spouse; B. if there is a surviving spouse and a child or grandchild, then one-half to the
surviving spouse and the remaining one-half to the children and grandchildren, the
grandchildren taking by right of representation; C. if there is no husband or wife, but a child or grandchild, then to such child and
grandchild by right of representation; D. if the deceased is a minor, childless and unmarried, then to the father and mother
who shall have an equal interest in the judgment, or if either of them is dead, then
to the survivor; E. if there is no father, mother, husband, wife, child or grandchild, then to a surviving
brother or sister if there are any; and F. if there is no kindred as named in Subsections A through E of this section, then
the proceeds of the judgment shall be disposed of in the manner authorized by law
for the disposition of the personal property of deceased persons.
Source: official New Mexico text · Last verified 2026-08-27
Frequently Asked Questions About New Mexico § 41-2-3
What does New Mexico Statutes Annotated § 41-2-3 cover?
Section 41-2-3 ("Personal representative to bring action; damages; distribution of proceeds") is part of the New Mexico Statutes Annotated, the codified statutory law of New Mexico. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite New Mexico § 41-2-3?
A common citation format is "New Mexico Statutes Annotated § 41-2-3" (New Mexico). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of New Mexico law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the New Mexico official source linked on this page or consult a licensed New Mexico attorney.
How does New Mexico § 41-2-3 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in New Mexico can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in New Mexico.