What Documentation Is Required to Apply for Letters of Administration in New Mexico
Detailed Answer to Applying for Letters of Administration in New Mexico If a decedent dies without a valid will in New Mexico, a family member or other interested party must apply for letters of administration to administer the estate. You file your application in the district court where the decedent lived. The following documents typically […]
Read article →What information is needed to request estate files from a county probate division in New Mexico?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to address your specific situation. Detailed Answer In New Mexico, probate matters—including estate files—are handled by the District Court in the county where the decedent resided at death. To request copies of estate files from the court’s […]
Read article →What steps are needed to include real property into the estate successfully in New Mexico?
Disclaimer: This information is for educational purposes only and does not constitute legal advice. Consult a qualified attorney to address your specific situation. Detailed Answer Step 1: Confirm Ownership and Title Begin by examining the deed, title commitment or county records. Determine whether the decedent owned the property: Sole ownership: Requires probate to transfer. Joint […]
Read article →How to Obtain and Use a Court-Ordered Subpoena to Gather Estate Records in New Mexico
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified New Mexico attorney about your specific situation. Detailed Answer 1. Determine the Proper Court and Case In New Mexico, probate and estate matters are handled by the District Court in the county where the decedent resided at death […]
Read article →What authorization forms must an heir sign to direct distribution of real property sale proceeds in New Mexico?
Authorization Forms for Heirs to Direct Real Property Sale Proceeds in New Mexico Detailed Answer Under New Mexico law, a personal representative may sell real property of an estate and distribute the proceeds when heirs provide written authorization. Key steps and forms include: 1. Waiver and Consent to Sale of Real Property New Mexico Statutes […]
Read article →How Can a Former Spouse or Survivor Assert Entitlement to Surplus Funds Following the Owner’s Death or Divorce in New Mexico?
Detailed Answer When a property owner dies or divorces, surplus funds can arise if a sale of real estate (through tax foreclosure, probate or court order) generates more money than outstanding liens. A former spouse or survivor must follow New Mexico law to claim these funds. Below are key pathways and steps under New Mexico […]
Read article →How to Distinguish a Deceased Person’s Estate Assets from Corporate Assets in New Mexico
How to Distinguish a Deceased Person’s Estate Assets from Corporate Assets in New Mexico Detailed Answer New Mexico law treats a deceased person’s estate and a corporation as distinct legal entities. The estate collects and distributes assets owned in the decedent’s name. A corporation holds assets in its own name for its shareholders or members. […]
Read article →What options exist for selling or auctioning personal property to reimburse estate expenses and equalize distributions among heirs?
What options exist for selling or auctioning personal property to reimburse estate expenses and equalize distributions among heirs? Detailed Answer When you serve as a personal representative (executor or administrator) under New Mexico law, you must collect assets, pay debts and costs of administration, then distribute the remainder to heirs. If the estate’s cash is […]
Read article →How Are Proceeds Divided Among Multiple Heirs When Some Predecease and Their Spouses or Children Succeed Them?
How Are Proceeds Divided Among Multiple Heirs When Some Predecease and Their Spouses or Children Succeed Them? Detailed Answer Under New Mexico’s intestate succession laws, a decedent’s property passes to heirs by representation (per stirpes). If an heir dies before the decedent, that heir’s descendants (not the heir’s spouse) inherit the deceased heir’s share in […]
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