Detailed Answer
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney for guidance specific to your situation.
What Is Intestate Succession?
When a person dies without a valid will, New Mexico’s intestate succession laws determine who inherits the estate. These rules appear in the New Mexico Uniform Probate Code (NMSA 1978, Chapter 45, Article 2).
Order of Priority Under New Mexico Law
New Mexico distributes assets according to a fixed hierarchy:
- Spouse and Descendants: If the decedent leaves a surviving spouse and one or more descendants, distribution follows NMSA 1978 §45-2-102. The spouse receives a statutory allowance (e.g., the first portion of the estate) plus a portion of the remainder. Descendants share the balance equally.
- Descendants Only: If there is no surviving spouse but there are descendants (children, grandchildren), they inherit the entire estate equally (NMSA 1978 §45-2-101).
- No Spouse or Descendants: The estate passes to parents. If both survive, they share equally. If one parent has predeceased, the survivor takes all.
- No Parents: Surviving siblings and descendants of deceased siblings inherit by representation.
- No Siblings: Grandparents or their descendants inherit.
- No Grandparents: More remote relatives (aunts, uncles, cousins) inherit as provided by statute.
- No Heirs Found: If no heir within the statutory limits exists, the estate escheats to the State of New Mexico.
Probate Administration Process
1. Filing a Petition: An interested party (e.g., spouse, child) petitions the probate court to open an estate as intestate.
2. Appointment of Personal Representative: The court appoints an administrator, often the highest-priority heir.
3. Notices: The administrator publishes and mails notices to known creditors and heirs.
4. Asset Collection: The administrator gathers assets, pays debts and taxes, then distributes the balance according to statute.
5. Final Accounting: The administrator submits a report and closing documents to the court for approval.
Helpful Hints
- Gather key documents: death certificate, property deeds, bank statements.
- Identify close relatives early to avoid delays.
- Contact the local probate court clerk for forms and filing fees.
- Consider hiring a probate attorney if the estate has complex assets or disputes.
- Plan ahead: execute a valid will to ensure your wishes carry out smoothly.