New Mexico Statutes 45-3-104. Claims against decedent; necessity of administration
A. No proceeding to enforce a claim against the estate of a decedent or his successors may be revived or commenced before the appointment of a personal representative. After the appointment and until distribution, all proceedings and actions to enforce a claim against the estate are governed by the procedure prescribed by Sections 3-101 through 3-1204 N.M. Stat. Ann. § 45-3-101 to 45-3-1204. After distribution a creditor whose claim has not been barred may recover from the distributees as provided in Section 3-1004 [45-3-1004 N.M. Stat. Ann.] or from a personal representative individually liable as provided in Section 3-1005 [45-3-1005 N.M. Stat. Ann.].
Terms Used In New Mexico Statutes 45-3-104
- Decedent: A deceased person.
B. Subsection A of this section shall have no application to a proceeding by a secured creditor of the decedent to enforce his right to his security except as to any deficiency judgment which might be sought therein.