Rule 1-105. Notice to statutory beneficiaries in wrongful death cases.

A. Scope. This rule pertains to statutory beneficiaries of wrongful death estates as they are defined in Section 41-2-3 NMSA 1978 of the Wrongful Death Act, Sections 41- 2-1 to -4 NMSA 1978. B. Required notice; timing. Upon entry of an order appointing a personal representative under the Wrongful Death Act, the personal representative shall provide notice under Rule 1-004 NMRA to all known or reasonably ascertainable statutory beneficiaries of the information set forth in Paragraph C of this rule. C. Contents of notice. The notice required by this rule shall contain the following information: (1) the name of the personal representative of the estate and the name, address, telephone number, and email address of the personal representative’s lawyer; (2) a statement that the personal representative understands the legal requirement that the personal representative must act only in the best interests of all statutory beneficiaries of the decedent’s estate; (3) instruction to the statutory beneficiaries that they shall provide the personal representative or the personal representative’s lawyer with current contact information so that they may be notified of matters in the pending action; (4) a statement that all statutory beneficiaries will be timely notified of any and all trial settings, dismissals, settlements, and verdicts obtained on behalf of the decedent’s estate; (5) a statement that all statutory beneficiaries will be specifically advised of any proposed distribution of proceeds under the Wrongful Death Act prior to any distribution of the proceeds; and (6) a statement that, prior to the distribution of any proceeds of a wrongful death estate, if any controversy exists or arises concerning distribution that requires a court hearing, all statutory beneficiaries will be notified of the hearing and will be entitled to attend. D. Subsequent notices. Notifications provided to statutory beneficiaries after the initial notice required by Paragraph B shall comply with Rule 1-005 NMRA.