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Detailed Answer

This FAQ explains, in plain language, the common documents you will need when you apply to a New Mexico probate court for appointment as a personal representative (executor/administrator) and to take the required oath. Requirements can vary by county and by whether the decedent left a valid will (testate) or died without a will (intestate), so treat this as a practical checklist and not legal advice. If you have questions about a specific case, contact the probate clerk in the county where the decedent lived or consider consulting an attorney.

Key concept: Two common paths

1) Testate (there is an original will): you normally file a petition to admit the will to probate and to appoint the personal representative named in the will.
2) Intestate (no will): you normally file a petition for administration asking the court to appoint a personal representative under New Mexico law.

Typical documents to file for appointment and oath

• Original will (if one exists) — the court usually requires the original signed will. Keep any codicils or amendments with it.
• Official death certificate — a certified copy from the vital records office. Courts generally require a certified copy rather than an informal photocopy.
• Petition for Probate / Petition for Administration — the document that asks the court to open the estate and appoint a personal representative. Title and wording vary by county; many courts provide a local form (for example, “Petition for Probate of Will and for Letters Testamentary” or “Petition for Administration and for Letters of Administration”).
• Oath or Acceptance of Appointment — a signed oath form in which the appointed personal representative swears to perform duties faithfully. Some counties provide an oath form that the personal representative signs in front of the clerk or a notary; others accept a written acceptance of appointment.
• Proposed Order Appointing Personal Representative — a draft order the judge can sign to officially appoint the representative and, if appropriate, issue Letters Testamentary or Letters of Administration.
• Bond documents (if required) — many courts require a fiduciary bond unless the will waives bond or heirs explicitly agree to waive it. If a bond is required, file either: (a) a surety bond form and proof of bond premium paid; or (b) a written request and supporting documentation asking the court to dispense with the bond where allowed.
• Notice documents — forms and mailing lists for required notices to heirs, beneficiaries, and creditors (for example, Notice of Probate, Notice to Creditors). You must give and sometimes publish notice under court rules; proof of mailing and publication will later be required.
• Heir/beneficiary information — a list of current addresses and relationships of heirs and beneficiaries so the clerk can complete service and notices. Include dates of birth if requested by local rules.
• Waivers and consents (if available) — signed written waivers of notice or consents to appointment from beneficiaries or heirs can speed appointment and reduce bond requirements.
• Proof of identity and qualification — government ID for the petitioner or proposed representative, and proof of relationship if required (for example, marriage certificate when claiming spousal priority).
• Inventory and appraisal forms (often filed later) — many courts require an initial inventory or an appraisal within a set number of days after appointment. Check local rules for deadlines.
• Filing fee payment — the probate filing fee varies by county and sometimes by estate size. The clerk’s office will tell you the amount and acceptable payment methods.

Other documents you may need depending on the facts

• Small-estate affidavit or summary procedures — if the estate value falls below a statutory threshold, New Mexico law may allow a simplified process using an affidavit in lieu of full probate. Check local rules and forms.
• Affidavit of Heirship or Affidavit of Mailing/Publication — for proving who was notified, or for small transfers of specific assets.
• Corporate or financial institution forms — banks, brokerage firms, and title companies often want a certified copy of the Letters Testamentary/Administration and may have their own release forms.
• Foreign personal representative documents — if the proposed personal representative lives out-of-state, the court may require additional proof of appointment or bonding.

When you must file each item

Generally you file the petition, original will (if any), and certified death certificate to open probate. The oath/acceptance is typically filed at or shortly after appointment. Notices must be issued soon after filing; proof of service and publication is filed later. Bond (or waiver) and proposed orders should be ready when you ask the court for appointment.

Where to get official forms and local instructions

Most New Mexico courts supply probate forms and instructions on their websites and at the clerk’s office. Contact the probate clerk in the county where the decedent lived. The New Mexico courts site is a good starting point for statewide rules and local contacts: https://www.nmcourts.gov. For state legislative text and to research statutory law, use the New Mexico Legislature’s website: https://nmlegis.gov.

Practical examples (hypothetical)

Example A (testate): Jane Doe died leaving an original will that names her sister as executor. The sister files the original will, a certified death certificate, a Petition for Probate, and a proposed order. A beneficiary signs a waiver of bond. The court signs the order, the sister signs the oath, and the clerk issues Letters Testamentary.

Example B (intestate): John Doe died without a will. His adult child files a Petition for Administration, death certificate, list of heirs, and proof of identity. The court requires a bond because heirs do not waive it. After posting the bond, the court appoints the administrator and the administrator files the oath.

Important legal disclaimer: This is general information only and not legal advice. This post does not create an attorney-client relationship. For advice about a specific situation, consult a licensed New Mexico attorney or the local probate clerk.

Helpful Hints

• Check the county probate clerk’s website or call the clerk before you file. Local form names, fee amounts, and filing procedures vary.
• Bring the original will and multiple certified death certificates—banks and government agencies usually want certified copies.
• Prepare a complete list of heirs and beneficiaries with current addresses before filing to speed notice and reduce follow-ups.
• Ask beneficiaries to sign written waivers (if they agree) to avoid bond requirements and delay.
• Save copies of everything you file and obtain stamped-filed copies from the clerk so you have proof of filing.
• If the estate is small, ask the clerk whether a simplified or affidavit procedure applies in New Mexico to avoid full probate.
• Keep track of deadlines for inventories, accountings, and creditor notices; missing deadlines can cause complications.
• If valuable or complex assets (real estate, business interests, out-of-state property, or pending litigation) are involved, consider consulting a probate attorney early.