46th legislature - STATE OF NEW MEXICO - first session, 2003

RELATING TO PROBATE; ENACTING A NEW SECTION OF THE UNIFORM PROBATE CODE TO PROVIDE A STATUTE OF LIMITATION ON A DECEDENT'S CLAIM FOR RELIEF.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. A new section of the Uniform Probate Code is enacted to read:

"[NEW MATERIAL] LIMITATION ON DECEDENT'S CAUSE OF ACTION.--

A. This section only applies when a decedent's claim for relief arises before and survives the decedent's death and are not otherwise barred.

B. The provisions contained in this section apply to all statutes of limitation applicable to a decedent's claims for relief that arise during the decedent's lifetime, whether those claims accrue before, at or after the decedent's death.

C. No statute of limitation applied to a decedent's claim for relief covered by this section shall bar a claim for relief sooner than four months after death.

D. Unless a statute of limitation is otherwise tolled, a decedent's claim for relief that, but for this section, would have been barred less than four months after the decedent's death, is barred after four months after the decedent's death.

E. Subject to the provisions of Subsection C of this section, unless a statute of limitation is otherwise tolled, if it begins to run before a decedent's death it shall continue to run unabated against a decedent's claim for relief after the decedent's death.

F. Subject to the provisions of Subsection A of this section and unless specifically designated otherwise by statute, a decedent's claims for relief pass directly and exclusively to the personal representative of the decedent's estate.

G. The personal representative of the decedent's estate has the exclusive authority, standing and capacity to pursue the decedent's claims for relief. No suit may be filed on behalf of the decedent until a personal representative has been properly qualified and appointed as such pursuant to the requirements contained elsewhere in the Uniform Probate Code.

H. No statute of limitation shall begin to run against a decedent's claim for relief that accrues at or after the decedent's death until the personal representative of the decedent's estate has been properly qualified and appointed as such pursuant to the requirements contained elsewhere in the Uniform Probate Code.

I. The provisions contained in this section do not apply to statutes of limitation applicable to claims for relief of the estate of the decedent."