New Mexico Small Estate Affidavit Form

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New Mexico Small Estate Affidavit Form

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Last updated March 13th, 2026

A New Mexico small estate affidavit allows a decedent’s heir to inherit their property without going through the standard probate process. This document is also known as an Affidavit for Collection of Personal Property of the Decedent. The form can only be used if the estate meets certain legal requirements and must be accompanied by the decedent’s death certificate.

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A New Mexico small estate affidavit allows a decedent’s heir to inherit their property without going through the standard probate process. This document is also known as an Affidavit for Collection of Personal Property of the Decedent. The form can only be used if the estate meets certain legal requirements and must be accompanied by the decedent’s death certificate.

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Laws

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

How to Use (3 Steps)

Step 1 – Verify Criteria

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 property does not exceed $50,000 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.

Step 2 – Complete Affidavit

If the estate meets the requirements to file a small estate affidavit, the claimant must 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 the Affidavit of Claiming Successor (MVD- 10013) form provided by the New Mexico Motor Vehicle Division.

Step 3 – Collect Property

The claimant will provide the completed Affidavit and death certificate to any party in possession of the decedent’s property. Upon being served the affidavit, the claimant should be given the payment, property, or instrument evidencing a debt, obligation, stock, or other right indicated in the document.

Sources

  1. § 45-3-1201(A)(1)
  2. § 45-3-1201(A)(2)
  3. § 45-3-1201