Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Detailed Answer
1. Filing a Claim with the Personal Representative
Under New Mexico law, if you paid funeral expenses for someone who passed away, you may present a claim to the personal representative (PR) of the decedent’s estate. The PR must review valid claims and pay approved amounts from estate assets.
To initiate, submit a written claim detailing the amount paid, date of payment, funeral home or vendor invoice, and proof of payment (receipts or cancelled checks). Serve this claim on the PR within the statutory time frames.
2. Priority of Funeral Expense Claims
Funeral expenses have priority status under New Mexico’s Uniform Probate Code. Specifically, they are classified as a Class 2 claim under NMSA 1978, Section 45-3-803(45-3-803). That means these expenses are paid after administrative costs (e.g., PR fees) but before most other creditor claims.
There is no fixed cap in the statute, but courts generally approve reasonable funeral charges. If the estate lacks sufficient funds, payment may be pro rata along with other approved claims.
3. Small Estate Summary Administration
If the estate’s total value (excluding certain exempt property) is under $50,000, you may pursue expedited summary administration under NMSA 1978, Section 45-3-713(45-3-713). In that process, the PR can distribute assets more quickly, often making funds available for funeral claims within 30 days after notice to creditors.
4. Deadlines for Presenting Claims
Under NMSA 1978, Section 45-3-307(45-3-307), claims generally must be filed before the earlier of either three months after the PR gives notice to known creditors or 18 months after the decedent’s date of death. Missing these deadlines can bar your claim.
5. Practical Steps to Seek Reimbursement
- Gather all invoices, contracts, and proof of payment for funeral services.
- Obtain contact information for the personal representative (check court records if necessary).
- Prepare and serve a formal written claim before the deadline.
- Follow up with the PR and request an accounting of estate assets.
- If the PR refuses payment, you may petition the probate court to enforce your claim.
Helpful Hints
- Keep detailed records: invoices, receipts and correspondence with the PR.
- Act promptly: observe the three-month and 18-month claim deadlines.
- Confirm the identity and address of the personal representative through court filings.
- Consider small estate summary administration if the estate qualifies.
- Consult a probate attorney if the PR denies your claim or estate assets are disputed.