Small Estate Affidavit in New Mexico
How to collect a loved one's property in New Mexico without full probate: the dollar limit, waiting period and official form.
Short answer: 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. NMSA 1978, § 45-3-1201
| Small estate affidavit | 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. Re-verified 2026-10-27. Source: NMSA 1978, § 45-3-1201 |
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| Simplified probate | 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. Forms list: https://nmcourts.gov/forms-files/probate |
| Deadline for creditor claims | 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. Re-verified 2026-10-27. Source: NMSA 1978, §§ 45-3-801, 45-3-803 |
Official forms
More New Mexico estate law
- Medical Power of Attorney 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
- Affidavit of Heirship 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
What is the small estate limit in New Mexico?
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.
Is there a simplified probate process in New Mexico?
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.
How long do creditors have to file claims against an estate in New Mexico?
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.
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.