Executor Duties in New Mexico

Within 30 days after appointment, the personal representative must give notice of the appointment to the heirs and devisees by delivery or ordinary mail. Within three months after appointment, the representative must prepare an inventory of the decedent's property with estimated date-of-death values and encumbrances, and send it to interested persons who request it (filing it with the court is optional). The representative may publish notice to creditors once a week for three successive weeks; claims are then due within four months after first publication (or within the mailed-notice period, if later). The estate is closed with a verified closing statement (Form 4B-701) or, for small estates, a small estate closing statement (Form 4B-702).

Uncontested estates are usually opened in the county Probate Court by an application for informal appointment (Form 4B-301 without a will, or 4B-302 with a will); contested cases go to District Court. Before receiving letters, the personal representative qualifies by filing any required bond and a statement accepting the duties of the office with the appointing probate court or district court.

Four months after the first published notice to creditors; a creditor sent written notice has until 60 days after mailing or four months after publication, whichever is later. Claims that arose before death are in any case barred one year after death if not presented earlier. Claims arising at or after death generally have four months.