New Mexico § 45-3-806 - Allowance of claims

§ 45-3-806. Allowance of claims

A. As to claims presented in the manner described in Section 45-3-804 NMSA 1978 within the time limit prescribed in Section 45-3-803 NMSA 1978 , the personal representative may mail a notice to any claimant stating that the claim

has been disallowed. If after allowing or disallowing a claim the personal representative changes his

decision concerning the claim, he shall notify the claimant. The personal representative may not change a disallowance of a claim after the time

for the claimant to file a petition for allowance or to commence a proceeding on the

claim has run and the claim has been barred. Every claim that is disallowed in whole or in part by the personal representative

is barred so far as not allowed unless the claimant files a petition for allowance

in the district court or commences a proceeding against the personal representative

not later than sixty days after the mailing of the notice of disallowance or partial

allowance. Failure of the personal representative to mail notice to a claimant of action on

his claim for sixty days after the time for original presentation of the claim has

expired has the effect of a notice of allowance. B. After allowing or disallowing a claim the personal representative may change the

allowance or disallowance as hereafter provided. The personal representative may prior to payment change the allowance to a disallowance

in whole or in part but not after allowance by a court order or judgment or an order

directing payment of the claim. He shall notify the claimant of the change to disallowance, and the disallowed claim

is then subject to bar as provided in Subsection A of this section. The personal representative may change a disallowance to an allowance, in whole

or in part, until it is barred pursuant to Subsection A of this section; after it

is barred, it may be allowed and paid only if the estate is solvent and all successors

whose interests would be affected consent. C. Upon the petition of the personal representative or of a claimant in a proceeding

for the purpose, the district court may allow in whole or in part any claim presented

to the personal representative or filed with the clerk of the district court in due

time and not barred by Subsection A of this section. Notice in this proceeding shall be given to the claimant, the personal representative

and those other persons interested in the estate, as the court may direct by order

entered at the time the proceeding is commenced. D. A judgment in a proceeding in another court against a personal representative to

enforce a claim against a decedent's estate is an allowance of the claim. E. Unless otherwise provided in any judgment in another court entered against the

personal representative, allowed claims bear interest at the legal rate for the period

commencing sixty days after the time for original presentation of the claim has expired

unless based on a contract making a provision for interest, in which case they bear

interest in accordance with that provision.