A. A person aggrieved by a decision of the administrator may file an appeal pursuant to the provisions of Section 39-3-1.1 NMSA 1978.
B. A person whose claim has not been acted upon within ninety days after its filing may maintain an original action to establish the claim in the district court for the first judicial district, naming the administrator as a defendant.
C. If the aggrieved person establishes the claim in an action against the administrator, the court may award the claimant reasonable attorney fees.
History: Laws 1997, ch. 25, § 16; 1998, ch. 55, § 18; 1999, ch. 265, § 18.
ANNOTATIONSCross references. — For appeal of final decisions by agencies to district court, see Section 39-3-1.1 NMSA 1978.
For procedures governing administrative appeals to the district court, see Rule 1-074 NMRA.
The 1999 amendment, effective July 1, 1999, substituted "Section 39-3-1.1" for "Section 12-8A-1" in Subsection A.
The 1998 amendment, effective September 1, 1998, inserted "Appeal;" in the section heading; added the Subsection designations; in Subsection A, inserted "may file an appeal pursuant to the provisions of Section 12-8A-1 NMSA 1978"; inserted "A person" in Subsection B; substituted "attorney" for "attorney's" in Subsection C; and made minor capitalization and stylistic changes.
Administrative remedies must be exhausted prior to seeking court relief. — Where petitioner was appointed the personal representative of his deceased grandfather's estate, and where the probate court, at petitioner's request, issued an order directing the New Mexico taxation and revenue department (department) to release $70,000 of unclaimed property that belonged to decedent, and where the probate court transferred the case to the district court when the department refused to release the property, petitioner erroneously sought relief from the district court before exhausting his administrative remedies under the Uniform Unclaimed Property Act (act), 7-8A-1 to 7-8A-31 NMSA 1978, because under the act, it is clear that the legislature intended the department to decide unclaimed property matters prior to parties seeking relief in the courts. In re Estate of McElveny, 2017-NMSC-024, rev'g 2015-NMCA-080, 355 P.3d 75.