A. If the applicable assets of the estate are insufficient to pay all claims in full, the personal representative shall make payment in the following order:

Need help with a review of a will?
Have it reviewed by a lawyer, get answers to your questions and move forward with confidence.
Connect with a lawyer now

Terms Used In New Mexico Statutes 45-3-805

  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Decedent: A deceased person.

(1)     costs and expenses of administration, including compensation of personal representatives and of persons employed by the personal representatives;

(2)     reasonable funeral expenses;

(3)     debts and taxes with preference under federal law;

(4)     reasonable medical and hospital expenses of the last illness of the decedent, including compensation of persons attending the decedent;

(5)     debts and taxes with preference under other laws of New Mexico; and

(6)     all other claims.

B. No preference shall be given in the payment of any claim over any other claim of the same class, and a claim due and payable shall not be entitled to a preference over claims not due.