How to Use (3 Steps)

Maximum Estate Value: $50,000, less liens and encumbrances [1]
Mandatory Waiting Period: 30 days [2]
Where to File: Not required.

Individuals intending to use the affidavit must first ensure the estate meets the following criteria^[3]:

The individual (“claimant”) is entitled to the payment or property they intend to collect.
The total value of the estate does not exceed $50,000 minus liens and debts and does not include real estate.
At least 30 days have passed since the decedent’s death.
A personal representative has not been appointed, and there is no pending application or petition.

If the estate meets the criteria, the claimant can fill out the Affidavit for Collection of Personal Property of the Decedent, have it notarized, and attach a certified or authenticated copy of the decedent’s death certificate.

If the claimant is seeking to claim a vehicle, they should complete an Affidavit of Claiming Successor (MVD-10013).

The claimant will provide the completed Affidavit and death certificate to any parties in possession of the decedent’s property.

New Mexico Small Estate Affidavit Form