No statute of limitation running on a claim for relief belonging to a decedent which had not been barred as of the date of his death, shall apply to bar a claim for relief surviving the decedent's death sooner than four months after death. A claim for relief belonging to a decedent which, but for this section, would have been barred less than four months after death, is barred after four months unless the statute of limitation is otherwise tolled.
History: 1953 Comp., § 32A-3-109, enacted by Laws 1975, ch. 257, § 3-109.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 54 C.J.S. Limitations of Actions § 118.
Structure New Mexico Statutes
Chapter 45 - Uniform Probate Code
Article 3 - Probate of Wills and Administration
Section 45-3-101 - Devolution of estate at death; administration on deaths of husband and wife.
Section 45-3-102 - Necessity of order of probate for will.
Section 45-3-103 - Necessity of appointment for administration.
Section 45-3-104 - Claims against decedent; necessity of administration.
Section 45-3-105 - Proceedings affecting devolution and administration.
Section 45-3-105.1 - Repealed.
Section 45-3-106 - Proceedings before district court; service; jurisdiction over persons.
Section 45-3-107 - Scope of proceedings; proceedings independent; exception.
Section 45-3-108 - Probate, testacy and appointment proceedings; ultimate time limit.
Section 45-3-109 - Statutes of limitation on decedent's claim for relief.