Disclaimer: This content is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance specific to your situation.
Detailed Answer
In New Mexico probate, the personal representative must follow specific notice requirements to notify all creditors—including medical debt collectors—about the decedent’s estate. These steps protect the estate from unanticipated claims and limit the representative’s liability.
1. Direct Notice to Known Creditors
Within one month after qualifying as personal representative, you must mail a written notice to each claimant who is known or reasonably ascertainable. This includes anyone who provided medical services to the decedent for which payment remains outstanding.
- Statute: NMSA 1978 45-3-801 (section 801).
- Content: The notice must state the estate name, probate case number, the personal representative’s contact information, and a deadline to present claims.
- Method: Send by first-class mail to the creditor’s last known address, and file a proof of service in the probate court file.
2. Publication Notice for Unknown Creditors
For creditors whose identities you cannot reasonably discover (including unknown medical debt collectors who may purchase receivables), publish a notice:
- Frequency: Once a week for three consecutive weeks.
- Publication: In a newspaper of general circulation in the county where probate is pending.
- Statute: NMSA 1978 45-3-804 (section 804).
- Proof: File an affidavit of publication with the court.
3. Deadlines for Filing Claims
- Known Creditors: Must file within three months after the first publication date or within 30 days after receiving direct notice, whichever is later. Section 802.
- Unknown Creditors: Have one year from the date of first publication to present claims. Section 803.
4. Claims by Medical Debt Collectors
Medical debt collectors act as assignees of the original provider’s claim. They must comply with the same deadlines and procedures. When you receive a claim from a debt collector:
- Verify the assignment to confirm they have standing to claim.
- Ensure the claim arrives within the statutory deadline.
- Respond in writing if you dispute the amount or validity, following court requirements for contested claims.
5. Effect of Proper Notice
By following these notice and deadline rules, the personal representative gains protection under NMSA 1978 45-3-805 (section 805). Claims not timely presented are barred, and the representative may proceed with distribution after resolving valid claims.
Helpful Hints
- Start notice procedures early: You have just one month after appointment to mail direct notices.
- Keep records: File proofs of mailing and publication affidavits promptly.
- Track deadlines: Use a calendar reminder for both the three-month and one-year cutoff dates.
- Verify assignments: Confirm medical debt collectors hold valid, assigned claims.
- Seek legal counsel: Complex or disputed claims may require court motions or hearings.