How Probate Works in New Mexico

File in the probate court of the county where the decedent lived, between 5 days and 3 years after death: an Application for informal probate of will and appointment of personal representative (or for informal appointment if there is no will). After the order, file an Acceptance of Appointment and receive Letters. Within 30 days send notice of appointment to heirs and devisees; decide whether to give notice to creditors; inventory and value assets within 3 months; pay allowances, costs and valid claims; prepare an accounting for devisees; distribute; then close with a verified closing statement. The case must stay open at least 3 months.

Most estates use informal probate in the county Probate Court: an application for informal probate (and appointment of a personal representative) is filed, and no court hearing is needed if no one objects. A small estate closing statement (Form 4B-702) is available for estates that qualify.

Four months after the first published notice to creditors; a creditor sent written notice has until 60 days after mailing or four months after publication, whichever is later. Claims that arose before death are in any case barred one year after death if not presented earlier. Claims arising at or after death generally have four months.

Priority to serve: the person named in the will, then a surviving spouse who is a devisee, other devisees, the surviving spouse, other heirs, and (after 45 days) creditors. A person under the age of majority, or found unsuitable by the court in formal proceedings, cannot serve. The statute does not bar nonresidents. In informal probate no bond is required unless the will requires it or an interested person asks the court; in formal probate the court may require bond unless the will waives it.

Thirty days after death, if no personal representative has been appointed or applied for, a successor may collect personal property with a notarized affidavit (Affidavit of Successor in Interest) if the whole estate, less liens and encumbrances, is $50,000 or less. It cannot be used to transfer real estate. A surviving spouse may use a separate affidavit filed with the county clerk for the home if, 6 months after death, no probate has been filed, the home is the only asset to transfer, and its assessed value is not more than $500,000.

New Mexico has 33 county probate courts, one per county. They are courts of limited jurisdiction with no jury trials and hear informal probate and uncontested estate cases; contested estate cases go to district court. The Judiciary's free Case Lookup shows current electronic court records from New Mexico courts, and re:Search NM gives registered users access to Odyssey case information and documents. Probate forms are on the New Mexico Courts probate forms page.