New Mexico § 45-3-807 - Payment of claims

§ 45-3-807. Payment of claims

A. Upon the expiration of the earlier of the time limitations provided in Section 45-3-803 NMSA 1978 , the personal representative shall proceed to pay the claims allowed against the

estate in the order of priority described, after making provision for family and personal

property allowances, for claims already presented that have not yet been allowed or

whose allowance has been appealed and for unbarred claims that may yet be presented,

including costs and expenses of administration. By petition to the district court in a proceeding for the purpose or by appropriate

motion if the administration is supervised, a claimant whose claim has been allowed

but not paid may secure an order directing the personal representative to pay the

claim to the extent funds of the estate are available to pay it. B. The personal representative at any time may pay any just claim that has not been

barred, with or without formal presentation, but he is personally liable to any other

claimant whose claim is allowed and who is injured by its payment if: (1) payment was made before the expiration of the time limit stated in Subsection

A of this section and the personal representative failed to require the payee to give

adequate security for the refund of any of the payment necessary to pay other claimants;

or (2) payment was made, due to negligence or willful fault of the personal representative,

in such manner as to deprive the injured claimant of priority.