What happens if a creditor files a claim after the 90‑day notice period under New Mexico law?

Short answer: A claim filed after the 90‑day notice period is generally barred, but the probate court can allow a late claim in limited circumstances (for example, if the creditor did not receive proper notice or shows excusable neglect). If the estate has already been closed and assets distributed, a late creditor may need to ask the court to reopen the estate or pursue other remedies. This article explains how this works under New Mexico probate practice and what both creditors and personal representatives should do.

Detailed answer

When someone dies in New Mexico and their estate is opened for probate, the personal representative (executor or administrator) must notify creditors so creditors can present claims against the estate. New Mexico practice follows the general approach in the Uniform Probate Code: creditors typically have a limited time (commonly 90 days from the date of the court‑ordered notice or first publication of notice to creditors) to present their claims to the personal representative and the court.

If a creditor files a claim after that 90‑day period, the claim is ordinarily barred — which means the estate is not required to pay it from estate assets — unless the creditor persuades the probate court to allow the late claim. Grounds for allowing a late claim commonly include:

• the creditor did not receive proper notice of the probate (for example, no personal notice when required);
• the creditor acted reasonably and filed as soon as it learned of the death and the estate, demonstrating “excusable neglect” or other equitable reason for the delay;
• the estate still holds assets available to pay the claim and allowing the claim will not unfairly prejudice other creditors or beneficiaries; or
• the personal representative or beneficiaries voluntarily accept or pay the late claim (which does not always bar later dispute over allowance, but acceptance may waive strict time defenses in some circumstances).

If the court disallows a late claim, the creditor’s options depend on the estate’s status:

• If the estate is still open and assets remain, the creditor can usually ask the court for a hearing seeking permission to file late and present evidence of lack of notice or excusable neglect.
• If the estate has already been fully closed and the assets distributed to beneficiaries, a creditor may need to petition the court to reopen probate to present the claim and obtain relief. Reopening is possible in many cases but often requires showing a good reason (for example, the creditor lacked notice and the claim is valid).
• If reopening probate is not feasible or the court refuses, the creditor may try other collection avenues (for example, bringing a claim against an estate beneficiary who received property), but those remedies depend on the facts and carry additional legal hurdles.

For executors and beneficiaries, a late claim often can and should be contested. Personal representatives should watch deadlines closely and object to late claims that are barred by the notice period. If a personal representative pays a late claim without court approval, they may be exposing themselves to later litigation or to claims from beneficiaries that estate assets were improperly distributed.

New Mexico statutes and court rules govern notice to creditors, the time for presenting claims, and the court’s authority to allow or disallow late claims. For more detail on the statutes and procedure in New Mexico, consult the New Mexico statutes and the New Mexico Courts probate resources:

• New Mexico Statutes (search for the Probate Code / creditor claim provisions): https://www.nmlegis.gov/Legislation/Statutes
• New Mexico Courts (probate information and self‑help resources): https://www.nmcourts.gov/

Common hypothetical

Hypothetical: Jane Doe provided goods to John Decedent. The personal representative publishes notice to creditors on January 1. The 90‑day window ends on March 31. Jane learns of the probate on April 15 and files a claim on April 20.

Outcome: Jane’s claim is late and is presumptively barred. She can ask the probate court to allow the late claim by showing she did not receive proper notice or that excusable neglect prevented timely filing. If the court accepts her reasons, the claim can be allowed and paid from remaining estate assets. If the court denies relief and the estate is still open, Jane could ask the court to reopen probate later if assets were already distributed; if the estate was closed, reopening may be required before any collection from estate assets can proceed.

Practical steps — for creditors

• Act quickly. If you missed the deadline, file a motion asking the court to allow a late claim as soon as you learn of the probate.
• Collect evidence showing when and how you learned of the death and why you did not receive notice (invoices, mail records, communications with the personal representative).
• Explain why allowing the claim won’t unfairly harm other parties (for example, show the estate still has sufficient assets).
• Consider negotiating with the personal representative or beneficiaries for payment outside court if that is practical and safe.
• Get legal help. Probate relief for late claims turns heavily on factual details and court discretion.

Practical steps — for personal representatives and beneficiaries

• Keep careful records of notice efforts (publication notices, mailed notices) and of all payments and distributions from the estate.
• Object promptly to late claims that appear barred by the notice period.
• If you consider paying a late claim, consider asking the court to approve the payment or to allow the claim so you are protected from later disputes with beneficiaries.
• Consult a probate attorney before making distributions if unresolved claims exist.

When to get a lawyer

Because probate requirements and court discretion vary and because the consequences of paying or disallowing claims are important, talk to a probate attorney if you are a creditor with a late claim, an executor facing a late claim, or a beneficiary worried about distributions. An attorney can:

• evaluate whether the late claim can be allowed under New Mexico law;
• draft and file a motion to allow the late claim or to object to it;
• help decide whether to ask the court to reopen a closed estate; and
• advise on settlement options and risks of disputed distributions.

Helpful Hints

• Preserve proof of notice: personal representatives should keep copies of mailed notices and publication details; those records are the best defense to late claims.
• If you are a creditor, look for probate notices in local newspapers and check the online probate docket promptly after learning of a death.
• Even if a claim is late, courts can allow it — so don’t assume the case is hopeless without seeking legal advice.
• If assets have been distributed, reopening the estate is often necessary before the creditor can be paid from estate property.
• Timely communication — offering documentation and willingness to negotiate — can sometimes produce a settlement without extended litigation.

Disclaimer

This article explains general principles about creditor claims in New Mexico probate. It does not provide legal advice and is not a substitute for consulting a licensed attorney about your specific situation.