New Mexico § 45-3-815 - Administration in more than one state; duty of personal representative

§ 45-3-815. Administration in more than one state; duty of personal representative

A. All assets of estates being administered in New Mexico are subject to all claims,

allowances and charges existing or established against the personal representative

wherever appointed. B. If the estate, either in New Mexico or as a whole, is insufficient to cover all

family exemptions and allowances (as determined by the law of the decedent's domicile),

prior charges and claims, after satisfaction of the exemptions, allowances and charges,

each claimant whose claim has been allowed, either in New Mexico or elsewhere in administrations

of which the personal representative is aware, is entitled to receive payment of an

equal proportion of his claim. If a preference or security in regard to a claim is allowed in another jurisdiction

but not in New Mexico, the creditor so benefited is to receive distributions from

local assets only upon the balance of his claim after deducting the amount of the

benefit. C. In case the family exemptions and allowances, prior charges and claims of the entire

estate exceed the total value of the portions of the estate being administered separately,

and New Mexico is not the state of the decedent's last domicile, the claims allowed

in New Mexico shall be paid their proportion if local assets are adequate for that

purpose, and the balance of local assets shall be transferred to the domiciliary personal

representative. If local assets are not sufficient to pay all claims owed in New Mexico in the amount

to which they are entitled, local assets shall be marshalled so that each claim allowed

in this state is paid its correct proportion as far as possible, after taking into

account all distributions on claims allowed in New Mexico from assets in other jurisdictions.