New Mexico § 45-3-803 - Limitations on presentation of claims

§ 45-3-803. Limitations on presentation of claims

A. All claims against a decedent's estate that arose before the death of the decedent,

including claims of the state and any political subdivision of the state, whether

due or to become due, absolute or contingent, liquidated or unliquidated or founded

on contract, tort or other legal basis, if not barred earlier by another statute of

limitations or nonclaim statute, are barred against the estate, the personal representative

and the heirs, devisees and nonprobate transferees of the decedent unless presented

within the earlier of the following: (1) one year after the decedent's death; or (2) the time provided by Subsection B of Section 45-3-801 NMSA 1978 for creditors who are given actual notice and the time provided in Subsection A of Section 45-3-801 NMSA 1978 for all creditors barred by publication. B. A claim described in Subsection A of this section that is barred by the nonclaim

statute of the decedent's domicile before the giving of notice to creditors in this

state is barred in this state. C. All claims against a decedent's estate that arise at or after the death of the

decedent, including claims of the state and any political subdivision of the state,

whether due or to become due, absolute or contingent, liquidated or unliquidated or

founded on contract, tort or other legal basis, are barred against the estate, the

personal representative and the heirs and devisees of the decedent unless presented

as follows: (1) a claim based on a contract with the personal representative within four months

after performance by the personal representative is due; or (2) any other claim within the later of four months after it arises or the time specified

in Paragraph (1) of this subsection. D. Nothing in this section affects or prevents: (1) any proceeding to enforce any mortgage, pledge or other lien upon property of

the estate; (2) to the limits of the insurance protection only, a proceeding to establish liability

of the decedent or the personal representative for which the decedent or personal

representative is protected by liability insurance; or (3) collection of compensation for services rendered and reimbursement for expenses

advanced by the personal representative or by the attorney or accountant for the personal

representative of the estate.