A. If a claim which will become due at a future time or if a contingent or unliquidated claim becomes due or certain before the distribution of the estate, and if the claim has been allowed or established by a proceeding, it is paid in the same manner as presently due and absolute claims of the same class.
B. In other cases the personal representative or, on petition of the personal representative or the claimant in a special proceeding for the purpose, the district court, may provide for payment as follows:
(1) if the claimant consents, he may be paid the present or agreed value of the claim, taking any uncertainty into account; or
(2) arrangement for future payment, or possible payment, on the happening of the contingency or on liquidation, may be made by creating a trust, giving a mortgage, obtaining a bond or security from a distributee or otherwise.
History: 1953 Comp., § 32A-3-810, enacted by Laws 1975, ch. 257, § 3-810.
Am. Jur. 2d, A.L.R. and C.J.S. references. — Action on contingent claim, presentation of claim as condition precedent, 34 A.L.R. 372.
Claim on decedent's contract of guarantyship, suretyship or endorsement, as contingent, 94 A.L.R. 1155.
Tort claim as within nonclaim statutes, 22 A.L.R.3d 493.
34 C.J.S. Executors and Administrators § 377.
Structure New Mexico Statutes
Chapter 45 - Uniform Probate Code
Article 3 - Probate of Wills and Administration
Section 45-3-801 - Notice to creditors.
Section 45-3-802 - Statutes of limitations.
Section 45-3-803 - Limitations on presentation of claims.
Section 45-3-804 - Manner of presentation of claims.
Section 45-3-805 - Classification of claims.
Section 45-3-806 - Allowance of claims.
Section 45-3-807 - Payment of claims.
Section 45-3-808 - Individual liability of personal representative.
Section 45-3-809 - Secured claims.
Section 45-3-810 - Claims not due and contingent or unliquidated claims.
Section 45-3-811 - Counterclaims.
Section 45-3-812 - Execution and levies prohibited.
Section 45-3-813 - Compromise of claims.
Section 45-3-814 - Encumbered assets.
Section 45-3-815 - Administration in more than one state; duty of personal representative.
Section 45-3-816 - Final distribution to domiciliary representative.