What documents are required to apply for probate appointment and oath in NM?
Detailed Answer This FAQ explains, in plain language, the common documents you will need when you apply to a New Mexico probate court for appointment as a personal representative (executor/administrator) and to take the required oath. Requirements can vary by county and by whether the decedent left a valid will (testate) or died without a […]
Read article →Which statements and financial documents are required for annual and final probate accountings in NM?
Detailed Answer Short answer: In New Mexico, both annual and final probate accountings must present a clear, verifiable record of the fiduciary’s handling of estate or guardianship/conservatorship property. The accounting should show opening balances, all receipts (money in), all disbursements (money out), the current value of assets, and a proposed distribution or final balance. The […]
Read article →What steps can heirs take to resolve an elective share dispute through mediation in NM?
Overview If heirs and a surviving spouse disagree about the spouse's statutory claim on an estate, mediation offers a confidential, often quicker, and less expensive path to resolution than contested litigation. This article explains practical steps heirs can take in New Mexico to prepare for and use mediation effectively to resolve an elective-share-type dispute. Detailed […]
Read article →What is the process for negotiating a creditor’s payoff amount in estate administration in NM?
Detailed Answer — How to negotiate a creditor’s payoff amount during estate administration in New Mexico This FAQ-style guide explains, in plain language, how a personal representative (executor/administrator) in New Mexico reviews, disputes, negotiates and resolves creditor claims against an estate. It summarizes typical steps, the representative’s duties, practical negotiation tactics, and when to get […]
Read article →What steps can be taken to verify or contest a creditor’s payoff quote on an estate debt? — NM
FAQ — What steps can be taken to verify or contest a creditor’s payoff quote on an estate debt? Detailed answer — Verifying and contesting a creditor’s payoff quote in New Mexico When someone claims the estate owes a debt, the personal representative (executor or administrator) must evaluate the claim carefully before paying. In New […]
Read article →What records are needed to show asset transfers under small estate procedures — NM
Detailed Answer This FAQ explains the records you will normally need to show that assets transferred under New Mexico small estate procedures actually passed to the right person. This is educational only and not legal advice. For specific statutory language, consult the New Mexico Probate Code (Chapter 45, NMSA 1978): https://www.nmlegis.gov/Legislation/Statutes/Chapter/45 and check with the […]
Read article →What are the legal requirements and process for transferring a decedent’s firearms during probate in New Mexico (NM)?
FAQ: How do you legally transfer a decedent’s firearms during probate in New Mexico? Short answer In New Mexico, firearms that belong to a decedent are estate property. The personal representative (executor or administrator) must identify and secure the guns, follow the decedent’s will (or New Mexico intestacy rules), and transfer the firearms only to […]
Read article →What documentation is needed to prove ownership when filing a surplus funds claim? (NM)
How to prove ownership when filing a surplus funds claim in New Mexico Quick overview: After a sheriff’s foreclosure sale in New Mexico, any sale proceeds that exceed the amounts owed (often called "surplus funds" or "excess proceeds") can be claimed by the person or entity that holds a superior legal interest in the property. […]
Read article →How to protect life insurance proceeds in NM when no beneficiary is named from creditor claims in estate administration?
Detailed answer Quick summary: If a life insurance policy has no living named beneficiary when the insured dies, most New Mexico insurers will pay the proceeds to the insured's estate. Once proceeds become part of the probate estate, they generally become available to satisfy valid creditor claims during probate. You can limit creditor exposure in […]
Read article →What should I do if an heir refuses to return estate property and the estate is still open? – NM
What to do when an heir refuses to return estate property while the estate is still open (New Mexico) FAQ — clear steps for executors, administrators, and family members in New Mexico probate matters. Detailed Answer — how New Mexico law treats estate property and what you can do If an heir or beneficiary refuses […]
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