Can I become the personal representative of my sister's estate? (NM)
Short answer: Yes — you can often be appointed as the personal representative (administrator or executor) of your sister’s estate in New Mexico, but whether you will be appointed depends on whether there is a valid will, who the will names, and where you fall in New Mexico’s statutory priority list. The probate court must […]
Read article →What options do heirs have when an estate administrator is unresponsive or refuses to distribute assets? — NM
When an estate administrator is unresponsive or refuses to distribute assets: A New Mexico guide This FAQ-style article explains what heirs and beneficiaries can do in New Mexico when a personal representative (administrator or executor) becomes unresponsive, delays distribution without reason, or refuses to distribute estate assets. This is a general explanation to help you […]
Read article →How do I apply to be appointed as the personal representative of a deceased relative’s estate? (NM)
Detailed answer — What you need to know to apply to be appointed personal representative in New Mexico When a person dies, the court usually appoints a personal representative (also called an executor or administrator) to gather assets, pay debts, and distribute the estate. The process and priorities for appointment follow New Mexico law and […]
Read article →How can heirs petition the court to reopen a closed estate to claim unclaimed assets in NM?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney in New Mexico for guidance tailored to your situation. Detailed Answer If you are an heir who discovered assets after the court closed an estate in New Mexico, you can ask the probate court to reopen the […]
Read article →What is the process for inventorying and distributing estate assets among multiple heirs in New Mexico?
Inventorying and Distributing Estate Assets Among Multiple Heirs in New Mexico Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult an attorney for guidance tailored to your situation. Detailed Answer 1. Open Probate and Appoint a Personal Representative To start, someone files a petition with the First Judicial District […]
Read article →How Do Heirs Locate and Claim Unclaimed Property of a Deceased Relative in New Mexico?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance specific to your situation. Detailed Answer When a New Mexico resident dies, unclaimed property may arise if banks, brokers or businesses cannot deliver assets—such as forgotten bank accounts, uncashed checks or safe-deposit box contents—to the […]
Read article →What Are the Risks of Probating My Father’s Estate Without Legal Representation in New Mexico?
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a licensed attorney for guidance on your specific situation. Detailed Answer Probating an estate involves formal court procedures under New Mexico law. The New Mexico Probate Code (NMSA 1978, § 45-3-301) requires filing a petition to open probate and appoint […]
Read article →If Real Property Passes Automatically at Death, Why Do I Have to Probate the Will in NM?
Detailed Answer Under New Mexico law, certain real estate can pass automatically at death without probate, while other property must go through probate under your will. Understanding which assets bypass probate can streamline your estate planning and help you know why some assets still require court involvement. 1. When Real Property Passes Automatically Joint Tenancy […]
Read article →What Steps Are Involved in Notifying Creditors and Handling Claims After a Death in NM?
Detailed Answer When someone dies in New Mexico, the personal representative (also called executor) oversees the estate. They must gather assets, pay valid debts, and distribute remaining property under the New Mexico Uniform Probate Code. Below are the key steps: 1. Appoint the Personal Representative The probate court appoints a personal representative. This person gains […]
Read article →Can I Use an Obituary as Proof of Death to Open an Estate If the Death Certificate Is Not Available? – NM
Disclaimer: This information is not legal advice and does not create an attorney-client relationship. Consult a licensed attorney in New Mexico or your local probate court for guidance. Detailed Answer Under New Mexico probate law, you must present clear proof of death to open a probate estate. The primary proof is a certified copy of […]
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