How to Compel an Estate Administrator to Pay Your Inheritance in New Mexico
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to address your specific situation.
Detailed Answer
Under New Mexico law, an estate administrator (also called a personal representative) holds a fiduciary duty to collect assets, pay valid debts, and distribute the remaining estate to beneficiaries. If an administrator delays or refuses payment of your inheritance share, you have several tools to compel compliance:
1. Demand an Accounting
New Mexico Statutes require the personal representative to provide beneficiaries with an accounting of estate assets and distributions. You can formally request an accounting under NMSA 1978 § 45-3-709. If the administrator fails to comply, you may petition the probate court.
2. Petition to Compel Distribution
If the estate assets have been marshaled and debts paid, NM law allows you to ask the court to compel distribution. File a motion under NMSA 1978 § 45-3-709(B) to order the administrator to distribute your share without further delay.
3. Seek Removal of the Administrator
An administrator who neglects duties or mismanages funds may be removed. Under NMSA 1978 § 45-3-613, a beneficiary can petition for removal for cause, such as refusing to account or distribute assets.
4. Request Surcharge for Breach of Fiduciary Duty
If the administrator breaches their duty—by misappropriating funds or unreasonably delaying distributions—you can ask the court to surcharge (financially penalize) the administrator under NMSA 1978 § 45-3-715.
Steps to Take
- Send a written demand for an accounting and proposed distribution schedule.
- If unanswered, file a formal petition in the district court handling the probate.
- Attend the hearing; present evidence of owed distribution.
- Request relief: compel distribution, surcharge, or removal of the administrator.
Helpful Hints
- Keep detailed records of all communications with the administrator.
- Review the probate file at the district court to monitor filings and inventories.
- Consider mediation to resolve disputes before court intervention.
- Act promptly; New Mexico Probate Code sets time limits for objections and petitions.
- Consult a probate attorney if the estate assets or disputes are complex.