A. In allowing a claim, the personal representative may deduct any counterclaim which the estate has against the claimant.
B. In determining a claim against an estate the district court shall reduce the amount allowed by the amount of any counterclaims and, if the counterclaims exceed the claim, render a judgment against the claimant in the amount of the excess.
History: 1953 Comp., § 32A-3-811, enacted by Laws 1975, ch. 257, § 3-811.
Am. Jur. 2d, A.L.R. and C.J.S. references. — Presentation of claim to executor or administrator as prerequisite of its availability as counterclaim or setoff, 36 A.L.R.3d 693.
34 C.J.S. Executors and Administrators §§ 468, 470.
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.