A. Upon the expiration of the earlier of the time limitations provided in Section 45-3-803 NMSA 1978, the personal representative shall proceed to pay the claims allowed against the estate in the order of priority described, after making provision for family and personal property allowances, for claims already presented that have not yet been allowed or whose allowance has been appealed and for unbarred claims that may yet be presented, including costs and expenses of administration. By petition to the district court in a proceeding for the purpose or by appropriate motion if the administration is supervised, a claimant whose claim has been allowed but not paid may secure an order directing the personal representative to pay the claim to the extent funds of the estate are available to pay it.

B. The personal representative at any time may pay any just claim that has not been barred, with or without formal presentation, but he is personally liable to any other claimant whose claim is allowed and who is injured by its payment if:

(1) payment was made before the expiration of the time limit stated in Subsection A of this section and the personal representative failed to require the payee to give adequate security for the refund of any of the payment necessary to pay other claimants; or

(2) payment was made, due to negligence or willful fault of the personal representative, in such manner as to deprive the injured claimant of priority.

History: 1953 Comp., § 32A-3-807, enacted by Laws 1975, ch. 257, § 3-807; 1993, ch. 174, § 75.

Official comments. — See Commissioners on Uniform State Law official comment to 3-807 UPC.

Cross references. — For classification of claims, see 45-3-805 NMSA 1978.

For allowance of claims, see 45-3-806 NMSA 1978.

The 1993 amendment, effective July 1, 1993, substituted "the earlier of the time limitations provided in Section 45-3-803 NMSA 1978" for "two months from the date of the first publication of the notice to creditors" in the first sentence in Subsection A; substituted "willful fault" for "willful act" in Paragraph (2) in Subsection B; and made minor stylistic changes throughout the section.

Am. Jur. 2d, A.L.R. and C.J.S. references. — Remedies of creditors of insolvent decedent's estate where other creditors have received excessive payments, 77 A.L.R. 981.

Validity, construction and application of provision of fidelity bond as to giving of notice of loss or claim within specified time after close of bond year, 149 A.L.R. 945.

34 C.J.S. Executors and Administrators § 457.