Disclaimer: This article provides general information on New Mexico law. It is not legal advice. You should consult a qualified attorney regarding your specific situation.
Detailed Answer
Overview of the New Mexico Wrongful Death Act
Under the New Mexico Wrongful Death Act (NMSA 1978, §§ 41-2-1 to 41-2-4), a personal representative may sue for death caused by negligence or wrongdoing. See statute: NMSA 41-2-1. After judgment or settlement, the court holds proceeds in its registry until it approves distribution.
Who Qualifies as an Heir?
New Mexico distributes wrongful death proceeds according to the intestate succession rules in NMSA 1978, § 45-2-102. See NMSA 45-2-102. The priority is:
- Surviving spouse and children (per stirpes).
- If no spouse, all children equally.
- If no spouse or children, parents equally.
- If none of the above, siblings or their descendants.
- More distant relatives as listed in the statute.
Steps to Distribute Proceeds
- Appointment of a Personal Representative. The court appoints a representative to handle wrongful death funds.
- Prepare an Heirship Enumeration. Identify all potential heirs by birth, adoption, marriage. Obtain sworn affidavits or certified records.
- Petition for Distribution. File a petition in the district court where the action was tried. Attach heirship documents and a proposed distribution plan.
- Court Hearing. The judge reviews your petition, hears any objections, and confirms the correct heirs and shares.
- Entry of Distribution Order. Once approved, the court issues an order directing the clerk to disburse funds to each heir as ordered.
- Claim Funds. Heirs provide endorsements or signatures on court forms. The court clerk issues checks or electronic payments.
Helpful Hints
- Start heir searches early: look for birth certificates, marriage licenses, and adoption records.
- Keep clear records of funeral and medical expenses for potential reimbursement.
- Work with a probate attorney to navigate court filings and timelines.
- Use per stirpes distribution if a child predeceased the decedent, so grandchildren inherit their parent’s share.
- Notify all potential heirs: failure to include an heir may delay distribution or require reopening the case.