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NEW MEXICO STATUTES AND CODES

Section 45-3-801 - Notice to creditors.

45-3-801. Notice to creditors.

A.     A personal representative shall give written notice by mail or other delivery to any known creditor and to any creditor who is reasonably ascertainable by the personal representative within three months after the personal representative's appointment.  A personal representative shall notify a creditor to present his claim within two months of the published notice, if given as provided in Subsection B of this section, or within two months after the mailing or other delivery of the notice, whichever is later, or be forever barred.   

B.     A personal representative, within a reasonable time after his appointment, may also publish a notice to creditors once a week for two successive weeks in a newspaper of general circulation in the county announcing the appointment and the personal representative's address and the name of the decedent and notifying creditors of the estate to present their claims within two months after the date of the first publication of the notice or be forever barred.   

C.     A personal representative who has proceeded in accordance with Subsection A of this section is not liable to a creditor whose claim was not identified or to a successor of the decedent for giving or failing to give notice pursuant to the provisions of this section.   

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