New Mexico Co-Personal Representatives: How Is the Fee Split?

There's no formula here either — just the same reasonableness question, applied to each co-personal representative's own work.

NMSA 1978 § 45-3-719 FigureMyTax Editorial Team

Quick answer: No, New Mexico co-personal representatives don't automatically each collect their own full compensation with a combined total that grows by headcount. NMSA 1978 § 45-3-719 contains no separate provision for multiple personal representatives — the same "reasonable compensation" standard governs, and the value of each co-personal representative's actual services determines what they're individually owed. Estimate the underlying reasonable range first with the New Mexico executor fee calculator.

No statutory split, because there's no statutory schedule to split

NMSA 1978 § 45-3-719: "A personal representative is entitled to reasonable compensation for his services." Unlike states with an explicit statutory percentage and a numbered multi-representative subsection, New Mexico's bare reasonableness standard has nothing to say specifically about co-personal representatives — because it has nothing to say specifically about a formula at all, even for a sole personal representative.

Even the old, repealed schedule wouldn't change this today

New Mexico's pre-1995 predecessor did use a percentage-driven approach, but it was fully repealed and reenacted with the current bare standard. Whatever that older law might have said about dividing a formula-based fee among multiple fiduciaries has no bearing on the current text, which applies the same reasonableness question regardless of how many personal representatives are serving.

Self-determined fee review likely works the same way, per person

§ 45-3-721: the refund remedy for excessive compensation is tied to "the compensation a personal representative determined for their own services" — language that points toward assessing each co-personal representative's situation on its own, rather than treating the group as a single unit for this purpose.

Each co-personal representative's work is assessed on its own

Because reasonableness under § 45-3-719 turns on the value of services actually rendered, a court dividing compensation among co-personal representatives (in a contested case) would naturally look at what each person individually contributed — not an automatic even split, and not a separate full fee multiplied by however many people are serving.

Real coordination costs, same as anywhere

Co-personal representatives in New Mexico share fiduciary duties, and disagreements about pace, priorities, or how to divide tasks can slow administration or invite disputes — a practical consideration independent of how compensation eventually gets assessed.

Worked example

Two siblings serve as co-personal representatives of a New Mexico estate. One handles the bulk of the administrative work; the other contributes occasionally. A sole personal representative doing all the work might reasonably bill 40 hours at $40/hr, or $1,600.

Co-personal representativeHoursRateCompensation
Sibling A (primary administrator)32 hrs$40/hr$1,280
Sibling B (occasional support)8 hrs$40/hr$320

Each figure reflects that person's own reasonable compensation for their own time, combining to roughly the same total a sole personal representative's full administration would have reasonably cost.

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New Mexico co-personal representatives — frequently asked questions

Do New Mexico co-personal representatives each get their own reasonable compensation?

NMSA 1978 § 45-3-719 contains no separate provision for multiple personal representatives; the same reasonable-compensation standard applies, and each co-personal representative's compensation is assessed on the value of their own actual services.

Can one New Mexico co-personal representative be ordered to refund compensation while another keeps theirs?

Likely yes. Section 45-3-721's review mechanism is tied to the compensation a person determined for their own services, which points toward assessing each co-personal representative's situation individually.

Does the pre-1995 percentage predecessor matter for New Mexico co-personal representatives?

No — that predecessor was repealed and replaced by the current bare reasonable-compensation standard, which applies the same way whether one or several personal representatives are serving.

Does having co-personal representatives increase the total compensation available in New Mexico?

Not automatically. Because compensation is tied to the value of services actually rendered rather than a fixed pool per person, adding a co-personal representative does not by itself create additional entitlement — what matters is the work each one actually performed.

Can New Mexico co-personal representatives be paid different amounts?

Yes. Because each co-personal representative's compensation reflects their own actual services under the reasonableness standard, one who did more of the work can reasonably receive more than one who contributed occasionally.

Estimate for general guidance only, not legal advice. Based on NMSA 1978 § 45-3-719 and § 45-3-721. New Mexico has no statutory formula for dividing compensation among co-personal representatives; each person's compensation is assessed on their own reasonable services. Consult a New Mexico probate attorney to resolve a specific dispute over compensation between co-personal representatives.