What steps do I need to follow as executor to sell real property to pay estate debts in NM?
Detailed Answer This FAQ explains, in plain language, the typical steps a personal representative (often called an executor) must follow in New Mexico when selling real property to pay estate debts. This is a general guide only and not legal advice. Laws, local court rules, and facts in each case can change the required steps; […]
Read article →Can heirs of a deceased sibling be included in the partition action in NM, and how do I add them?
Can heirs of a deceased sibling be included in a partition action in New Mexico, and how do I add them? Detailed answer — who must be in a New Mexico partition action and how to add heirs Short answer: Yes — if your deceased sibling owned an interest in the real property that is […]
Read article →What Happens to a Safe Deposit Box After Someone Dies in NM?
Detailed Answer When someone dies in New Mexico, a safe deposit box does not remain in limbo. The box and its contents become part of the decedent’s estate and access is governed by a combination of the bank’s contract terms and New Mexico probate procedures. Below is a step‑by‑step explanation of what typically happens and […]
Read article →When Can an Executor Be Removed in New Mexico?
Removing a Personal Representative in New Mexico: What You Need to Know Disclaimer: This information is educational only and not legal advice. If you face a real dispute about a fiduciary or estate, consult a licensed New Mexico attorney or the probate court. Detailed answer — grounds, process, and likely outcomes under New Mexico law […]
Read article →What Is "Probate in Common Form" in NM (New Mexico)?
Detailed Answer Probate is the court process used to prove a deceased person's will (if any), appoint someone to manage the estate, and distribute assets to heirs and beneficiaries. In New Mexico, the phrase "probate in common form" is commonly used to describe an informal or routine probate proceeding that admits a will to probate […]
Read article →Is probate administration required when there is no will in New Mexico (NM)?
Do you have to open probate if someone dies without a will in New Mexico? Short answer: Not always. If a person dies without a will (intestate) in New Mexico, their estate may require probate administration to transfer title to assets and pay debts — but smaller estates and certain assets pass outside probate by […]
Read article →How can I close an estate bank account and obtain the required closing statement in New Mexico (NM)?
Detailed answer — How to close an estate bank account and obtain the required closing statement in New Mexico Short answer: The personal representative (executor or administrator) must collect the legal documents that give authority to act, notify the bank, pay valid debts and taxes, create a final accounting (the estate closing statement), distribute the […]
Read article →How to properly document and file receipts for payments to heirs or service providers in an estate — NM
Hypothetical: You are the personal representative (executor) for an estate in New Mexico. The estate paid $3,000 to a funeral home, $1,200 for home clean-out by a contractor, and reimbursed an heir $450 for a utility bill they paid after the decedent died. The court has opened a probate case. You must document those payments […]
Read article →What steps ensure third-party claims and payments are accurately recorded in probate filings (NM)
FAQ: Detailed Answer This FAQ explains practical steps to make sure third‑party claims and any related payments are correctly recorded in New Mexico probate filings. It uses simple hypothetical facts to illustrate common situations. This is educational information only and not legal advice. Context and a short hypothetical Hypothetical: A decedent died owning a house […]
Read article →How can next of kin qualify to be appointed as the estate administrator in NM?
Detailed Answer: How next of kin qualify to be appointed as estate administrator under New Mexico law Short answer: In New Mexico, next of kin may be appointed as the estate administrator (personal representative) when the decedent did not name a personal representative in a valid will or when no valid will exists. The court […]
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