New Mexico § 45-3-104 - Claims against decedent; necessity of administration
Full text of New Mexico New Mexico Statutes Annotated § 45-3-104 — Claims against decedent; necessity of administration, with citation guidance and answers to common questions.
§ 45-3-104. Claims against decedent; necessity of administration
A. No proceeding to enforce a claim against the estate of a decedent or his successors
may be revived or commenced before the appointment of a personal representative. After the appointment and until distribution, all proceedings and actions to enforce
a claim against the estate are governed by the procedure prescribed by Sections 3-101
through 3-1204. After distribution a creditor whose claim has not been barred may recover from the
distributees as provided in Section 3-1004 or from a personal representative individually
liable as provided in Section 3-1005. B. Subsection A of this section shall have no application to a proceeding by a secured
creditor of the decedent to enforce his right to his security except as to any deficiency
judgment which might be sought therein.
Source: official New Mexico text · Last verified 2026-08-27
Frequently Asked Questions About New Mexico § 45-3-104
What does New Mexico Statutes Annotated § 45-3-104 cover?
Section 45-3-104 ("Claims against decedent; necessity of administration") 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 § 45-3-104?
A common citation format is "New Mexico Statutes Annotated § 45-3-104" (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 § 45-3-104 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.