New Mexico § 45-3-808 - Individual liability of personal representative
Full text of New Mexico New Mexico Statutes Annotated § 45-3-808 — Individual liability of personal representative, with citation guidance and answers to common questions.
§ 45-3-808. Individual liability of personal representative
A. Unless otherwise provided in the contract, a personal representative is not individually
liable on a contract properly entered into in his fiduciary capacity in the course
of administration of the estate unless he fails to reveal his representative capacity. B. A personal representative is individually liable for obligations arising from ownership
or control of the estate or for torts committed in the course of administration of
the estate only if he is personally at fault. C. Claims based on contracts entered into by a personal representative in his fiduciary
capacity, on obligations arising from ownership or control of the estate or on torts
committed in the course of administration of the estate may be asserted against the
estate by proceeding against the personal representative in his fiduciary capacity,
whether or not the personal representative is individually liable therefor. D. Issues of liability as between the estate and the personal representative individually
may be determined in a proceeding for accounting, surcharge or indemnification or
other appropriate proceeding.
Source: official New Mexico text · Last verified 2026-08-27
Frequently Asked Questions About New Mexico § 45-3-808
What does New Mexico Statutes Annotated § 45-3-808 cover?
Section 45-3-808 ("Individual liability of personal representative") 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 § 45-3-808?
A common citation format is "New Mexico Statutes Annotated § 45-3-808" (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 § 45-3-808 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.