New Mexico § 45-3-1003 - Closing estates; by sworn statement of personal representative

§ 45-3-1003. Closing estates; by sworn statement of personal representative

A. Unless prohibited by order of the district court and except for estates being administered

in supervised administration proceedings, a personal representative may close an estate

by filing with the court, no earlier than six months after the date of original appointment

of a general personal representative for the estate, a verified statement stating

that the personal representative or a previous personal representative has: (1) determined that the time limited for presentation of creditors' claims has expired; (2) fully administered the estate of the decedent by making payment, settlement or

other disposition of all claims that were presented, expenses of administration and

estate, inheritance and other death taxes, except as specified in the statement, and

that the assets of the estate have been distributed to the persons entitled. If any claims remain undischarged, the statement shall state whether the personal

representative has distributed the estate subject to possible liability with the agreement

of the distributees or it shall state in detail other arrangements that have been

made to accommodate outstanding liabilities; and (3) sent a copy of the statement to all distributees of the estate and to all creditors

or other claimants of whom the personal representative is aware whose claims are neither

paid nor barred and has furnished a full account in writing of the personal representative's

administration to the distributees whose interests are affected thereby, including

guardians ad litem appointed pursuant to Section 45-1-403 NMSA 1978 , conservators and guardians. B. If no proceedings involving the personal representative are pending in the district

court one year after the closing statement is filed, the appointment of the personal

representative terminates.