New Mexico Forms Library

TESTATE (WILL)

INTESTATE (NO WILL)

Step 1

Locate Will (Original required)

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2.
3.


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5.

Identify Devisees
Identify Heirs
Identify County and choose
whether to file in Probate Court or
District Court
If Decedent died more than three
years ago or the original will
cannot be located, the case must
be filed in District Court
Check for demand for notice in
District Court

1.
2.


3.

Identify Heirs
Identify County and choose whether
to file in Probate Court or District
Court
Check for demand for notice in
District Court

See Rules 1B-102, 1B-301, 1B-302, 1B-305 NMRA

See Rules 1B-102, 1B-301, 1B-302, 1B-303 NMRA

Step 2

File an Application to Probate Will and Appoint Personal Representative (PR)

See Rules 1B-102, 1B-302, 1B-305, 1B-306 NMRA and Form 4B-302 NMRA

File an Application to Appoint Personal Representative (PR)


See Rules 1B-102, 1B-302, 1B-303, 1B-304 NMRA and Form 4B-301 NMRA

Step 3

Obtain Order to Informally Probate Will and Appoint PR; file an Acceptance of Appointment; have Clerk issue Letters Testamentary


See Rule 1B-306(A)(2)-(4) NMRA and Forms 4B-304, 4B-305, 4B-307 NMRA

Obtain Order to Informally Appoint PR; file an Acceptance of Appointment; have Clerk issue Letters of Administration


See Rule 1B-304(A)(2)-(4) NMRA and Forms 4B-303, 4B-305, 4B-306 NMRA

Step 4

Within 30 days of Appointment, Send Notice of Appointment, Order, and copy of Will to Devisees, Heirs, and any person who has filed a demand for notice

See Rules 1B-102, 1B-306 NMRA and Forms 4B-401, 4B-402 NMRA

Within 30 days of Appointment, Send Notice of Appointment and Order to Heirs and any person who has filed a demand for notice


See Rules 1B-102, 1B-304 NMRA and Forms 4B-401, 4B-402 NMRA

Step 5

Decide whether to Notify Creditors
If Creditors will be notified,
(a) send notice,
(b) publish notice, OR
(c) both

See Rules 1B-102, 1B-305, 1B-306 NMRA and Form 4B-501 NMRA

Decide whether to Notify Creditors
If Creditors will be notified,
(a) send notice,
(b) publish notice, OR
(c) both

See Rules 1B-102, 1B-303, 1B-304 NMRA and Form 4B-501 NMRA

Step 6

Collect/Inventory Assets of the Decedent, Value Assets (within 3 months of appointment), and Determine Debts of the Decedent

Inventory does not have to be filed with the court

See Rules 1B-305, 1B-306 NMRA and Form 4B-601 NMRA

Collect/Inventory Assets of the Decedent and Value Assets (within 3 months of appointment), and Determine Debts of the Decedent

Inventory does not have to be filed with the court

See Rules 1B-303, 1B-304 NMRA and Form 4B-601 NMRA

Step 7

Pay the Family Allowance ($30,000) and Personal Property Allowance ($15,000) if required

See Rules 1B-102, 1B-305, 1B-306 NMRA

Pay the Family Allowance ($30,000) and Personal Property Allowance ($15,000) if required

See Rules 1B-102, 1B-303, 1B-304 NMRA

Step 8

Pay costs and expenses of administration

See Rules 1B-102, 1B-305, 1B-306 NMRA

Pay costs and expenses of administration

See Rules 1B-102, 1B-303, 1B-304 NMRA

Step 9

Pay Creditors or Dispute Claims

See Rules 1B-102, 1B-305, 1B-306(F)(2)-(4) NMRA

Pay Creditors or Dispute Claims

See Rules 1B-102, 1B-303, 1B-304(F)(2)-(4) NMRA

If you did not deal with Creditors, you should wait a year from date of death to distribute assets, or you may owe unpaid Creditors

See Rule 1B-306(F)(2) NMRA

If you did not deal with Creditors, you should wait a year from date of death to distribute assets, or you may owe unpaid Creditors

See Rule 1B-304(F)(2) NMRA

Or

Or

If you published notice to Creditors, sent notice to known Creditors, and paid all Creditors with allowed claims, and if the time for Creditors to make their claims has elapsed, you may distribute assets

See Rules 1B-305, 1B-306 NMRA

If you published notice to Creditors, sent notice to known Creditors, and paid all Creditors with allowed claims, and if the time for Creditors to make their claims has elapsed, you may distribute assets

See Rules 1B-303, 1B-304 NMRA

Step 10

Prepare an Accounting of Administration, which does not have to be filed with the court, send the Accounting to Devisees and those who filed a demand for notice, and distribute remaining assets to Devisees

See Rules 1B-102, 1B-306 NMRA and Form 4B-602 NMRA

Prepare an Accounting of Administration, which does not have to be filed with the court, send the Accounting to Heirs and those who filed a demand for notice, and distribute remaining assets to Heirs


See Rules 1B-102, 1B-304 NMRA and Form 4B-602 NMRA

Step 11

Close probate and estate when you meet the requirements in the Verified Statement

See Rule 1B-306(H)(2), (3) NMRA and Forms 4B-701, 4B-702 NMRA

Close probate and estate when you meet the requirements in the Verified Statement

See Rule 1B-304(H)(2), (3) NMRA and Forms 4B-701, 4B-702 NMRA