New Mexico § 45-3-804 - Manner of presentation of claims
Full text of New Mexico New Mexico Statutes Annotated § 45-3-804 — Manner of presentation of claims, with citation guidance and answers to common questions.
§ 45-3-804. Manner of presentation of claims
Claims against a decedent's estate may be presented as follows: A. the claimant may deliver or mail to the personal representative a written statement
of the claim indicating its basis, the name and address of the claimant and the amount
claimed, or he may file a written statement of the claim with the appropriate court. The claim is presented on the first to occur of receipt of the written statement
of claim by the personal representative or the filing of the claim with the appropriate
court. If a claim is not yet due, the date when it will become due shall be stated. If the claim is contingent or unliquidated, the nature of the uncertainty shall
be stated. If the claim is secured, the security shall be described. Failure to describe correctly the security, the nature of any uncertainty and the
due date of a claim not yet due does not invalidate the presentation made; B. the claimant, without the necessity of filing a claim, may commence a proceeding
against the personal representative in any court where the personal representative
may be subjected to jurisdiction, to obtain payment of his claim against the estate,
but the commencement of the proceeding must occur within the time limited for presenting
the claim. No presentation of claim is required in regard to matters claimed in proceedings
against the decedent which were pending at the time of his death; and C. if a claim is presented under Subsection A of this section, no proceeding thereon
may be commenced more than sixty days after the personal representative has mailed
a notice of disallowance. However, in the case of a claim which is not presently due or which is contingent
or unliquidated, the personal representative may consent to an extension of the sixty-day
period, or, to avoid injustice, the district court on petition may order an extension
of the sixty-day period, but in no event shall the extension run beyond the applicable
statute of limitations.
Source: official New Mexico text · Last verified 2026-08-27
Frequently Asked Questions About New Mexico § 45-3-804
What does New Mexico Statutes Annotated § 45-3-804 cover?
Section 45-3-804 ("Manner of presentation of claims") 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 § 45-3-804?
A common citation format is "New Mexico Statutes Annotated § 45-3-804" (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 § 45-3-804 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.