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 [45-3-101 to 45-3-1204 NMSA 1978]. After distribution a creditor whose claim has not been barred may recover from the distributees as provided in Section 3-1004 [45-3-1004 NMSA 1978] or from a personal representative individually liable as provided in Section 3-1005 [45-3-1005 NMSA 1978].

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.

History: 1953 Comp., § 32A-3-104, enacted by Laws 1975, ch. 257, § 3-104.

Official comments. — See Commissioners on Uniform State Law official comment to 3-104 UPC.

Cross references. — For informal probate or appointment proceedings, see 45-3-301 NMSA 1978.

For formal proceedings concerning appointment of personal representative, see 45-3-414 NMSA 1978.

For appointment of administrator on application of revenue division of department of taxation and revenue, and to waiver of administration after payment of estate tax, see 7-7-9 NMSA 1978.

This section was not an obstacle to mere filing of complaint where, in order to escape the bar of the statute of limitations, the plaintiff brought an action before the appointment of a personal representative by naming the prospective personal representative as "John Doe" and then diligently pursued the appointment of the personal representative. Macias v. Jaramillo, 2000-NMCA-086, 129 N.M. 578, 11 P.3d 153.

Am. Jur. 2d, A.L.R. and C.J.S. references. — Legacy charged upon land devised, right of legatee to enforce payment of, as against personal representative of devisee, 116 A.L.R. 27, 134 A.L.R. 361.

Creditor's right to maintain action in interest of decedent's estate, 158 A.L.R. 729.

Running of statute of limitations as affected by doctrine of relation back of appointment of administrator, 3 A.L.R.3d 1234.

Amount of claim filed against decedent's estate as limiting amount recoverable in action against estate, 25 A.L.R.3d 1356.

Effect of delay in appointing administrator or other representative on cause of action accruing at or after death of person in whose favor it would have accrued, 28 A.L.R.3d 1141.

26A C.J.S. Descent and Distribution § 116; 33 C.J.S. Executors and Administrators § 192; 34 C.J.S. Executors and Administrators § 694.