State Unemployment Benefits in New Mexico
The New Mexico Department of Workforce Solutions (DWS) administers unemployment insurance. Benefits a claimant had already certified for but had not been paid at death are payable to the deceased claimant's court-appointed executor, administrator, or personal representative — or, if a court appointment is impractical or legally unnecessary, to the next of kin in a set order of priority.
Administering agency
New Mexico Department of Workforce Solutions — Unemployment Insurance
Authority
NMSA 1978, § 51-1-1 et seq. (Unemployment Compensation Law); 11.3.300.318 NMAC (benefits due deceased persons)
State Unemployment Benefits in New Mexico: key facts
- Administering agency
- New Mexico Department of Workforce Solutions (DWS), Unemployment Insurance.
- Unemployment Insurance Operations Call 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 Unemployment Insurance Operations Call 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: NMSA 1978, § 51-1-1 et seq. (Unemployment Compensation Law); 11.3.300.318 NMAC (benefits due deceased persons)
Steps to take when someone dies
- Report the claimant's death to the New Mexico Department of Workforce Solutions (1-877-664-6984) so benefit payments stop.
- Confirm which weeks the claimant had already certified for and remained unpaid at the date of death.
- File a written application on the DWS prescribed form within six months of the death, with a certified copy of the death certificate, and include any outstanding benefit payments so DWS can re-issue them to the person entitled.
New Mexico Department of Workforce Solutions — Unemployment Insurance
Phone: 1-877-664-6984
Visit the agency website →Frequently asked questions
Benefits the claimant had already filed a weekly certification for, and that were unpaid at the time of death, are paid to the claimant's court-appointed executor, administrator, or personal representative — or to the next of kin if a court appointment is impractical or legally unnecessary. If no application is made within six months of the death, the benefits are cancelled and the sums remain part of the unemployment compensation fund.
Under 11.3.300.318 NMAC, the benefits are paid to the court-appointed executor, administrator, or personal representative. If the next of kin shows the Department that a court appointment is impractical or legally unnecessary, the next of kin may claim in this order: one-half to a surviving spouse who lived with the claimant at 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 the New Mexico Probate Code. The written application on the prescribed form, with a certified copy of the death certificate, must be made within six months of the death.
The New Mexico Department of Workforce Solutions administers unemployment insurance. The Unemployment Insurance Operations Center can be reached at 1-877-664-6984, Monday through Friday, 8:00 a.m. to 4:30 p.m.
Sources
Data sourced from State Unemployment Benefits in New Mexico primary sources (4 pages reviewed). How we research.
Administering agency
New Mexico Department of Workforce Solutions — Unemployment Insurance
Authority
NMSA 1978, § 51-1-1 et seq. (Unemployment Compensation Law); 11.3.300.318 NMAC (benefits due deceased persons)