Affidavit of Heirship in New Mexico
Whether New Mexico lets heirs prove inheritance of real estate by affidavit or court determination of heirship, and who inherits.
Short answer: New Mexico has no general affidavit-of-heirship statute for real estate. Heirs are determined in District Court: a petition for formal probate of a will, or for adjudication of intestacy, asks for an order determining the heirs after notice and hearing. NMSA 1978, § 45-3-402
| Affidavit / determination of heirship | New Mexico has no general affidavit-of-heirship statute for real estate. Heirs are determined in District Court: a petition for formal probate of a will, or for adjudication of intestacy, asks for an order determining the heirs after notice and hearing. A surviving spouse may also transfer the residence by affidavit filed with the county clerk in limited cases (see small estate rules). Re-verified 2026-10-27. Source: NMSA 1978, § 45-3-402 |
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| Who inherits without a will | Surviving spouse: receives the deceased spouse's half of the community property (so the spouse ends up with all community property), plus all separate property if the decedent left no descendants, or one-fourth of the separate property if there are descendants. The rest goes to descendants by representation; if none, to parents; then to the parents' descendants (brothers, sisters, nieces, nephews); then half to each side of grandparents and their descendants. Re-verified 2026-10-27. Source: NMSA 1978, §§ 45-2-102, 45-2-103 |
More New Mexico estate law
- Medical Power of Attorney in New Mexico
- Small Estate Affidavit in New Mexico
- Power of Attorney in New Mexico
- Quitclaim Deeds and Transferring Property in New Mexico
- Who Inherits If You Die Without a Will in New Mexico
- How to Make a Valid Will in New Mexico
- How Probate Works in New Mexico
- Living Wills and Advance Directives in New Mexico
- Revocable Living Trusts in New Mexico
- Executor Duties in New Mexico
- Letters Testamentary in New Mexico
- How to Avoid Probate in New Mexico
- Transferring a Car After Someone Dies in New Mexico
- All New Mexico wills, probate and estate rules
FAQ
Does New Mexico have an affidavit of heirship?
New Mexico has no general affidavit-of-heirship statute for real estate. Heirs are determined in District Court: a petition for formal probate of a will, or for adjudication of intestacy, asks for an order determining the heirs after notice and hearing. A surviving spouse may also transfer the residence by affidavit filed with the county clerk in limited cases (see small estate rules).
Who inherits if someone dies without a will in New Mexico?
Surviving spouse: receives the deceased spouse's half of the community property (so the spouse ends up with all community property), plus all separate property if the decedent left no descendants, or one-fourth of the separate property if there are descendants. The rest goes to descendants by representation; if none, to parents; then to the parents' descendants (brothers, sisters, nieces, nephews); then half to each side of grandparents and their descendants.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.