A. A personal representative may discharge an obligation to distribute to a minor or person under other disability by distributing in a manner expressly provided in the will or other governing instrument.

B. Unless contrary to an express provision in the will or other governing instrument, the personal representative may discharge an obligation to distribute to a minor or person under other disability as authorized by Section 45-5-103 NMSA 1978 or any other statute. If the personal representative knows that a conservator has been appointed or that a proceeding for appointment of a conservator is pending, the personal representative is authorized to distribute only to the conservator.

C. If the heir or devisee is under disability other than minority, the personal representative is authorized to distribute to:

(1) an agent who has authority under a power of attorney to receive property for that person; or

(2) the spouse, parent or other close relative with whom the person under disability resides if the distribution is of amounts not exceeding ten thousand dollars ($10,000) a year or property not exceeding fifty thousand dollars ($50,000) in value unless the court authorizes a larger amount or greater value.

D. Persons receiving money or property for the disabled person are obligated to apply the money or property to the support of the disabled person. Persons may not pay themselves except by way of reimbursement for out-of-pocket expenses for goods and services necessary for the support of the disabled person. Excess sums must be preserved for future support of the disabled person. The personal representative is not responsible for the proper application of money or property distributed pursuant to this subsection.

History: 1953 Comp., § 32A-3-915, enacted by Laws 1975, ch. 257, § 3-915; 1993, ch. 174, § 79; 2011, ch. 124, § 49.

Official comments. — See Commissioners on Uniform State Law official comment to 3-915 UPC.

The 2011 amendment, effective January 1, 2012, in Subsections A and B, provided that distributions are governed by wills and other governing instruments; in Subsection B, changed the statutory reference to Section 45-5-103 NMSA 1978; and in Subsection C, increased the maximum amount of the distribution to fifty thousand dollars.

The 1993 amendment, effective July 1, 1993, designated the formerly undesignated provision as Subsection A; substituted "in a manner expressly provided in the will" for "to his conservator or any other person authorized by the Uniform Probate Code or otherwise to give a valid receipt and discharge for the distribution" in Subsection A; and added Subsections B and C.

Law reviews. — For article, "Intestate Succession and Wills Law: The New Probate Code," see 6 N.M.L. Rev. 25 (1975).

Am. Jur. 2d, A.L.R. and C.J.S. references. — 34 C.J.S. Executors and Administrators § 497.