The property liable for the payment of unsecured debts of a decedent includes all property transferred by him by any means which is in law void or voidable as against his creditors. Subject to prior liens, the right to recover this property, so far as necessary for the payment of unsecured debts of the decedent, rests with the personal representative or upon petition of an interested person, with a person designated by order of the district court.
History: 1953 Comp., § 32A-3-710, enacted by Laws 1975, ch. 257, § 3-710.
Official comments. — See Commissioners on Uniform State Law official comment to 3-710 UPC.
Cross references. — For classification of claims against decedent's estate, see 45-3-805 NMSA 1978.
For recovery of transfer to distributees of decedent's estate, see 45-3-908 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. — Personal liability of heir or devisee of real property for debt secured by mortgage thereon, 139 A.L.R. 711.
33 C.J.S. Executors and Administrators § 124.
Structure New Mexico Statutes
Chapter 45 - Uniform Probate Code
Article 3 - Probate of Wills and Administration
Part 7 - DUTIES AND POWERS OF PERSONAL REPRESENTATIVES
Section 45-3-701 - Time of accrual of duties and powers.
Section 45-3-702 - Priority among different letters.
Section 45-3-704 - Personal representative to proceed without court order; exception.
Section 45-3-705 - Duty of personal representative; notice to heirs and devisees.
Section 45-3-706 - Duty of personal representative; inventory and appraisement.
Section 45-3-707 - Employment of appraisers.
Section 45-3-708 - Duty of personal representative; supplementary inventory.
Section 45-3-709 - Duty of personal representative; possession of estate.
Section 45-3-710 - Power to avoid transfers.
Section 45-3-711 - Powers of personal representatives; in general.
Section 45-3-712 - Improper exercise of power; breach of fiduciary duty.
Section 45-3-714 - Persons dealing with personal representative; protection.
Section 45-3-715 - Transactions authorized for personal representatives; exceptions.
Section 45-3-716 - Powers and duties of successor personal representative.
Section 45-3-717 - Co-representatives; when joint action required.
Section 45-3-718 - Powers of surviving personal representative.
Section 45-3-719 - Compensation for personal representatives.
Section 45-3-720 - Expenses in estate litigation.
Section 45-3-721 - Proceedings for review of employment and compensation.