State Unemployment Benefits in New Mexico

State Unemployment Benefits in New Mexico: key facts

Administering agency

New Mexico Department of Workforce Solutions (DWS), Unemployment Insurance.

Operations Center

1-877-664-6984, Monday through Friday, 8:00 a.m. to 4:30 p.m.

Claimant portal

jobs.dws.nm.gov — the Unemployment Insurance Tax and Claims System.

What is payable after a death

Benefits for weeks the claimant had already filed a weekly certification for, and that were unpaid at the time of death. Contact the UI Operations Center at 1-877-664-6984 to report the death and to ask what remains payable.

Documentation for final payment

A written application on the prescribed form, accompanied by 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. Any outstanding payments representing the benefits claimed must accompany the application for re-issuance. — 11.3.300.318(C) NMAC

Who may claim

The deceased claimant's court-appointed executor, administrator, or personal representative. If the next of kin demonstrates to the secretary's satisfaction that court appointment of a fiduciary is impractical or legally unnecessary, the benefits are paid to the next of kin in this order: one-half to a surviving spouse who resided with the claimant at the time of death and one-half to the natural parent or physical custodian of any minor or dependent disabled adult children; if there are no such children, all to the surviving spouse; then surviving adult children; then surviving parents; then surviving siblings; then the claimant's heirs at law under NMSA 1978, §§ 45-2-101 through 45-2-114. — 11.3.300.318(A) NMAC

Filing deadline

The application must be made within six months of the claimant's death. 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. — 11.3.300.318(D) NMAC

Governing law: 11.3.300.318 NMAC (benefits due deceased persons)

Frequently asked questions