A. A fiduciary responsible for payment of an estate tax may collect from any person the tax apportioned to and the tax required to be advanced by the person.
B. Except as otherwise provided in Section 10 [45-3-925 NMSA 1978] of this act, any estate tax due from a person that cannot be collected from the person may be collected by the fiduciary from other persons in the following order of priority:
(1) any person having an interest in the apportionable estate that is not exonerated from the tax;
(2) any other person having an interest in the apportionable estate; and
(3) any person having an interest in the gross estate.
C. A domiciliary fiduciary may recover from an ancillary personal representative the estate tax apportioned to the property controlled by the ancillary personal representative.
D. The total tax collected from a person pursuant to the Uniform Estate Tax Apportionment Act [45-3-920 to 45-3-930 NMSA 1978] may not exceed the value of the person's interest.
History: Laws 2005, ch. 143, § 13; 1978 Comp., § 45-9A-9 recompiled as § 45-3-928 by Laws 2011, ch. 124, § 99.
Recompilations. — Laws 2011, ch. 124, § 99 recompiled former 45-9A-9 NMSA 1978 as 45-3-928 NMSA 1978, effective January 1, 2012.
Structure New Mexico Statutes
Chapter 45 - Uniform Probate Code
Article 3 - Probate of Wills and Administration
Part 9 - SPECIAL PROVISIONS RELATING TO DISTRIBUTION
Section 45-3-901 - Successors' rights if no administration.
Section 45-3-902 - Distribution; order in which assets appropriated; abatement.
Section 45-3-903 - Successor's indebtedness offset against interest; defenses.
Section 45-3-904 - Interest on general pecuniary devise.
Section 45-3-905 - Penalty clause for contest.
Section 45-3-906 - Distribution in kind; valuation; method.
Section 45-3-907 - Distribution in kind; evidence.
Section 45-3-908 - Distribution; right or title of distributee.
Section 45-3-909 - Improper distribution; liability of distributee.
Section 45-3-910 - Purchases from distributees protected.
Section 45-3-911 - Partition for purpose of distribution.
Section 45-3-913 - Distributions to trustee.
Section 45-3-914 - Disposition of unclaimed assets.
Section 45-3-915 - Distribution to person under disability.
Section 45-3-920 - Short title.
Section 45-3-921 - Definitions.
Section 45-3-922 - Apportionment by will or other dispositive instrument.
Section 45-3-923 - Statutory apportionment of estate taxes.
Section 45-3-924 - Credits and deferrals.
Section 45-3-925 - Insulated property; advancement of tax.
Section 45-3-926 - Apportionment and recapture of special elective benefits.
Section 45-3-927 - Securing payment of estate tax from property in possession of fiduciary.
Section 45-3-928 - Collection of estate tax by fiduciary.