N.M. Stat. » N.M. Stat. / Chapter 45 / Article 3
New Mexico Statutes

N.M. Stat. § 45-3-812 (2026)

Execution and levies prohibited.

✓ current as of May 2026
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No execution may issue upon nor may any levy be made against any property of the
estate under any judgment against a decedent or a personal representative, but this
section shall not be construed to prevent the enforcement of mortgages, pledges or
liens upon real or personal property in an appropriate proceeding.

History: 1953 Comp., § 32A-3-812, enacted by Laws 1975, ch. 257, § 3-812.
                                      ANNOTATIONS

Am. Jur. 2d, A.L.R. and C.J.S. references. — Family allowance from decedent's
estate as exempt from attachment, garnishment, execution and foreclosure, 27
A.L.R.3d 863.
Notes of Decisions
Cited in 2 cases (1 in the last 5 years), 2012–2024 · leading case: Est. of Nauert v. Morgan-Nauert, 2012 NMCA 37 (N.M. Ct. App. 2012).
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Est. of Nauert v. Morgan-Nauert, 2012 NMCA 37 (N.M. Ct. App. 2012). “Generally, a judgment obtained in another court against a personal representative is considered an allowed claim against an estate, and the recipient may not execute on the judgment without complying with the Probate Code’s creditors’ claims provision.”
OneMain v. Pennington (N.M. Ct. App. 2024). · cites it 2× “Section 45-3-812 similarly exempts “the enforcement of mortgages, pledges or liens upon real or personal property in an appropriate proceeding” from the prohibition on court proceedings outside of probate to collect on debts of the estate.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.