How do I prepare an heirship affidavit in New Mexico?
How to Prepare an Heirship Affidavit in New Mexico Disclaimer: This article is for educational purposes only. It does not provide legal advice. Consult a qualified attorney to address your specific situation. Detailed Answer In New Mexico, an affidavit of heirship helps surviving family members establish ownership of real property or collect small estate assets […]
Read article →Can I open an estate and become the personal representative if I am the mother-in-law? – NM
Disclaimer: This article provides general legal information about New Mexico probate law. It is not legal advice. Always consult a qualified attorney for advice about your specific situation. Detailed Answer In New Mexico, a person seeking to open a decedent’s estate must petition the probate court in the county where the decedent resided. The court […]
Read article →How can I probate a will that was not witnessed or notarized in NM?
Detailed Answer Under New Mexico law, a valid will normally must be signed by the testator and witnessed by two individuals. See N.M. Stat. § 45-2-502. However, the Uniform Probate Code allows two exceptions: Holographic wills: A will written entirely in the testator’s handwriting and signed, without witnesses. See § 45-2-502. Probate of nonformal wills: […]
Read article →Can I elect to receive a life estate instead of an intestate share 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 Intestate Succession Under New Mexico Law When a person dies without a valid will in New Mexico, their estate passes by intestate succession under the NMSA 1978, Chapter 45, […]
Read article →How does an executor obtain an EIN for the estate in NM?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation. Detailed Answer When a person passes away in New Mexico, the court appoints a personal representative (commonly called an executor) to administer the decedent’s estate. One of the first administrative tasks […]
Read article →What is the difference between common and solemn form probate in NM?
Detailed Answer Under New Mexico law, probate of a will can proceed in one of two ways: by solemn form or by common form. Both procedures admit a will to probate, but they differ in steps, notice requirements, cost, and how long interested parties can challenge the will. Solemn Form Probate In solemn form probate, […]
Read article →Do I Have to List Personal Property Assets When Completing a Year’s Allowance in an Estate in NM?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Listing Personal Property for a Year’s Allowance in New Mexico Detailed Answer Under New Mexico law, a surviving spouse and minor children are entitled to a year’s allowance—commonly called a “year’s support”—out of the decedent’s estate. You must identify and list […]
Read article →How to Request and Schedule a Probate Hearing in New Mexico When None Is Set
Disclaimer: This article is for educational purposes and does not constitute legal advice. Detailed Answer When you file a probate petition in New Mexico but no hearing date is set, you must ask the court to schedule one. Follow these steps to request and confirm a hearing under New Mexico law. 1. Confirm Your Petition […]
Read article →How to Determine Which Tasks Are Covered Under an Initial Probate Representation Agreement in New Mexico
Initial Probate Representation Agreement: Scope of Work in New Mexico Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney before making decisions. Detailed Answer When you hire an attorney to handle probate in New Mexico, the initial probate representation agreement (often called a retainer agreement) outlines […]
Read article →May I petition a New Mexico court to remove an estate administrator who refuses to fulfill their duties?
Detailed Answer Under New Mexico law, an interested party may petition the probate court to remove a personal representative (estate administrator) who neglects or refuses to fulfill their duties. New Mexico Statutes Annotated (NMSA) 1978 section 45-3-501 sets out grounds for removal, including misconduct, failure to account, or disobedience to court orders (NMSA 1978, § […]
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