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 approve the appointment.
Detailed answer — how appointment works under New Mexico law
1. Will present (testate administration)
If your sister left a valid will that names a personal representative (sometimes called an executor), the court normally honors that nomination unless the nominated person is ineligible or declines. If you are named in the will, you generally become the personal representative after you file a petition, post any required bond (if the will or court requires one), and receive formal “letters testamentary” from the court.
2. No will (intestate administration) — priority list
If your sister died without a will, New Mexico follows a statutory priority for who the court appoints as personal representative. The court will prefer persons in a designated order (spouse, children, parents, siblings, etc.). If people higher on the list decline or are unavailable, the court moves to the next priority. If you are a surviving sibling and there is no surviving spouse, no surviving adult children, and no surviving parents (or those people decline), you may be appointed. For the governing rules, see the New Mexico Probate Code (NMSA 1978, Chapter 45): https://www.nmlegis.gov/Sessions/Statutes/Statutes_Chapter?Ch=45.
3. Qualifications and disqualifications
Common qualification requirements in New Mexico include being an adult and having legal capacity to serve. The court may refuse to appoint a person who is incapacitated, underage, or otherwise legally disqualified. The court also may deny appointment where the proposed representative has a conflict of interest, has engaged in wrongdoing affecting the decedent, or is otherwise unsuitable. The probate court has discretion to protect estate beneficiaries and creditors.
4. How to ask the court to appoint you
- Locate the proper county probate court (where your sister lived).
- If there is a will, file a petition for probate and for issuance of letters testamentary. If there is no will, file a petition for appointment of a personal representative (letters of administration).
- Provide the original will (if any), a certified copy of the death certificate, and the required petitions and notices. The court clerk will advise exact forms and fees.
- Give notice to heirs and beneficiaries as required by statute so they can object if they wish.
- Post bond if the court or will requires one. The bond protects creditors and beneficiaries if the representative mismanages estate assets.
- After the court grants the appointment, you will receive official letters (letters testamentary or letters of administration) authorizing you to act for the estate.
New Mexico Courts provides self-help probate information and forms online: https://www.nmcourts.gov/self-help/probate/.
5. What the court considers when multiple people want the job
If more than one person with equal statutory priority asks to serve (for example, two siblings), the court will consider factors such as the person’s willingness and availability to serve, ability to administer the estate, any conflicts of interest, and the best interests of the estate and beneficiaries. If beneficiaries agree, they can often stipulate to appointment of the preferred person.
6. Small estate and simplified procedures
For small estates, New Mexico allows simplified procedures in some cases that avoid full probate administration. If the estate qualifies, you may use an affidavit or summary procedure to collect assets without full appointment as personal representative. Check the New Mexico probate self-help pages or speak with the court clerk about whether a simplified process applies.
7. Your duties if appointed
- Collect and protect estate assets.
- Give notice to creditors and pay valid creditor claims.
- File inventories and accountings if required by the court.
- Distribute remaining assets to beneficiaries under the will or New Mexico intestacy rules.
- Keep clear records; you may be personally liable for mismanagement.
8. When to talk to an attorney
Consider getting legal help if: there is a dispute among heirs; the estate is complex (real estate, business interests, tax issues); potential conflicts or creditor claims exist; or you are unsure how to comply with court requirements. An attorney can help file papers correctly and protect you from personal liability.
Statute references: New Mexico’s probate rules and priority for appointment are in the New Mexico Probate Code (NMSA 1978, Chapter 45). See the statute collection here: https://www.nmlegis.gov/Sessions/Statutes/Statutes_Chapter?Ch=45. For court forms, procedures, and local requirements, see the New Mexico Courts probate self-help site: https://www.nmcourts.gov/self-help/probate/.
Disclaimer: This is general information about New Mexico probate law and is not legal advice. Laws change and every situation is unique. For advice about your specific situation, consult a licensed New Mexico attorney.
Helpful Hints
- Check for an original will first—finding it simplifies the process.
- Visit the county probate court clerk in the county where your sister lived; clerks can explain filing steps and provide local forms.
- Gather key documents: certified death certificate, any original will, account statements, deeds, and a list of known creditors.
- Ask beneficiaries early if they consent to your appointment—written consent can speed the court process.
- Be prepared to post a bond; ask whether the will waives bond or whether the court will require one.
- Keep meticulous records of receipts, payments, and distributions — you’ll need them if the court requires an accounting.
- If the estate is small, ask the clerk whether a small-estate affidavit or simplified procedure applies to avoid full probate.
- When in doubt, consult a New Mexico probate attorney — a short consultation can avoid costly mistakes.