State Unemployment Benefits in New Mexico

Reporting a death

A claimant's death is reported to the DWS Unemployment Insurance Operations Call Center, which also answers what remains payable.^{1, 2}

Benefits at and after the death

Benefits are payable for weeks the claimant had already filed a weekly certification for, and that were unpaid at the time of death.³

Who may claim a final payment

11.3.300.318 NMAC pays the benefits to the deceased claimant's court-appointed executor, administrator, or personal representative. If the next of kin demonstrates to the secretary's satisfaction that a court appointment is impractical or legally unnecessary, they are paid to the next of kin in order.³

The next-of-kin order: one-half to a surviving spouse who resided with the claimant at death and one-half to the natural parent or physical custodian of any minor or dependent disabled adult children (all to the spouse if there are no such children); then surviving adult children, parents, siblings, and heirs at law.³

Documents for a final payment

A written application on the prescribed form, with a certified copy of the death certificate. The form states that the claimant died intestate, that no executor, administrator, or personal representative has been appointed, and the applicant's relationship to the deceased.³

Any outstanding payments representing the benefits claimed must accompany the application for re-issuance.³

Deadline

11.3.300.318 NMAC requires the application to be made within six months of the claimant's death.³

If no timely claim is made, payments already issued to the claimant are cancelled, additional benefits due for weeks before the death are cancelled, and the sums remain part of the unemployment compensation fund.³

Claimant portal

Claimants apply online through the Unemployment Insurance Tax and Claims System at jobs.dws.nm.gov.²

Governing law: NMSA 1978, § 51-1-1 et seq. (Unemployment Compensation Law); 11.3.300.318 NMAC (benefits due deceased persons)

Written application for payment of the benefits due a deceased claimant

six months after the death of the claimant; issued payments and benefits due for weeks before the death are cancelled and remain part of the unemployment compensation fund³

1. 1.Contact Us (New Mexico Department of Workforce Solutions)
2. 2.Unemployment (New Mexico Department of Workforce Solutions)
3. 3.11.3.300 NMAC, including 11.3.300.318 NMAC (benefits due deceased persons)