The property liable for the payment of unsecured debts of a decedent includes all property transferred by him by any means which is in law void or voidable as against his creditors. Subject to prior liens, the right to recover this property, so far as necessary for the payment of unsecured debts of the decedent, rests with the personal representative or upon petition of an interested person, with a person designated by order of the district court.
History: 1953 Comp., § 32A-3-710, enacted by Laws 1975, ch. 257, § 3-710.
Official comments. — See Commissioners on Uniform State Law official comment to 3-710 UPC.
Cross references. — For classification of claims against decedent's estate, see 45-3-805 NMSA 1978.
For recovery of transfer to distributees of decedent's estate, see 45-3-908 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. — Personal liability of heir or devisee of real property for debt secured by mortgage thereon, 139 A.L.R. 711.
33 C.J.S. Executors and Administrators § 124.
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