State Laws
Probate in New Mexico
Petition for Probate of Will
The personal representative named in the will must verify with the district court if any demand for notice of the estate’s probate has been filed.[4] The following must then be filed with the probate court of the county where the decedent resided[5]:
- Original will
- Application for Informal Probate and Appointment of Personal Representative
- Order for Informal Probate of Will and Appointment of Personal Representative
- Acceptance of Appointment as Personal Representative
- Letters Testamentary (issued after filing the above documents)
The personal representative must mail devisees a Notice of Informal Appointment of Personal Representative, file a Proof of Notice with the probate court, and complete an Inventory.[6]
The personal representative is responsible for distributing estate assets.[7] The decedent’s surviving spouse (or minor children, if none) is entitled to the statutory allowances before other payments are made.[8] The personal representative must then settle estate expenses, claims, and debts before distributing the remaining assets as instructed in the will.[9]
The personal representative must send an Accounting of the administration to the distributees and parties who filed a demand for notice, and send a Verified Closing Statement to distributees and creditors after filing it with the probate court.[10]
Small Estates
If the total value of the estate does not exceed $50,000, a decedent’s estate can be distributed outside of probate by using an Affidavit for Collection of Personal Property.[11]
Resources
Forms
- Application for Informal Probate and Appointment of Personal Representative
- Order for Informal Probate of Will and Appointment of Personal Representative
- Acceptance of Appointment as Personal Representative
- Letters Testamentary
- Notice of Informal Appointment of Personal Representative
- Proof of Notice
- Inventory
- Accounting
- Verified Closing Statement
Links