New Mexico Forms Library

4B‑801. Proof of authority.

[For use with Rule 1B-201 NMRA]

STATE OF NEW MEXICO

COUNTY OF ____________________

PROBATE COURT

IN THE MATTER OF THE ESTATE OF

__________________________, DECEASED             No. __________

PROOF OF AUTHORITY

I, ____________________, domiciliary personal representative of the estate of the decedent (including a tribal court appointee designated by a tribal court or the Bureau of Indian Affairs), make the following statements and filings with the court so that I, as the personal representative, may exercise all the powers of a local personal representative for the estate of the decedent, as provided in Section 45-4-205 NMSA 1978, over assets located in ____________________ County, State of New Mexico.

1.         ____________________, deceased, was domiciled in _______________ County, State of ____________________, at the time of death on ________________.

2.         The decedent died (choose one) [testate] [intestate].

3.         By its order dated _______________, the court in ___________________ County, State of ____________________, opened the estate of the decedent in Case No. _______________ and appointed me (choose one) [personal representative] [tribal court appointee] of the estate of the decedent. An authenticated copy of the (choose one) [order] [tribal appointment] appointing me as (choose one) [personal representative] [tribal court appointee] is filed with this Proof of Authority.

4.         I, the domiciliary foreign personal representative, was appointed and served (choose one) [with] [without] bond as (choose one) [personal representative] [tribal court appointee] of the estate of the decedent. An authenticated copy of the bond (if applicable) is filed with this Proof of Authority.

5.         (Choose one) [Letters of Administration] [Letters Testamentary] [equivalent indicia of authority from a tribal court or the Bureau of Indian Affairs] was/were issued on ____________________. An authenticated copy of the (choose one) [Letters of Administration] [Letters Testamentary] [equivalent indicia of authority from a tribal court or the Bureau of Indian Affairs] is filed with this Proof of Authority.

6.         My address is ______________________________________________.

7.         No local administration or application or petition for a local administration is pending in the State of New Mexico.

I affirm under penalty of perjury under the laws of the State of New Mexico that all of the above statements are true and correct.

___________________________________

Domiciled foreign personal representative (including a tribal court appointee)

(signature)

___________________________________

Printed name

___________________________________

Date

___________________________________

Address

___________________________________

City, state, and ZIP Code

___________________________________

Telephone number (optional)

___________________________________

Email address (optional)

[Adopted by Supreme Court Order No. 18-8300-014, effective for all cases pending or filed on or after December 31, 2018; as amended by Supreme Court Order No. 21-8300-019, effective for all cases pending or filed on or after December 31, 2021.]