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Detailed Answer — Step‑by‑Step under New Mexico law

1. Stop further use immediately

Call each bank and credit card company where accounts exist. Tell them the account owner is deceased and report any ongoing or unauthorized transactions. Ask the institution to freeze or close the account pending proof of authority. Be ready to provide a certified copy of the death certificate (see step 2).

2. Obtain multiple certified copies of the death certificate

Get several certified copies from New Mexico Vital Records (the institution that issues official death certificates). Financial institutions and courts typically require certified copies rather than photocopies. New Mexico Vital Records: https://nmhealth.org/about/erd/vr/.

3. Figure out who has legal authority over the estate

Only the personal representative (executor named in the will or an administrator appointed by the probate court) has legal authority to manage or close the deceased’s accounts. If you are named executor in a valid will, you need to obtain Letters Testamentary from the probate court. If there is no will, you must petition the probate court to be appointed as administrator (Letters of Administration).

Start with the New Mexico Courts probate information and local probate rules and forms: https://www.nmcourts.gov/court-procedures/probate/. That page explains how to open a probate case and how to obtain letters that banks will accept.

4. Use the small‑estate procedures if eligible

New Mexico provides simplified procedures for smaller estates that may allow someone with priority (heir or creditor) to collect certain assets without full probate. If the estate qualifies, a small‑estate affidavit or similar procedure can allow transfer of funds. Check the New Mexico Courts site for small‑estate guidance and forms: https://www.nmcourts.gov/court-procedures/probate/.

5. Provide proof of authority to financial institutions

After you receive Letters Testamentary or Letters of Administration, present them to the bank or card issuer with the certified death certificate and your government ID. The bank can then lawfully give you account records, close accounts, transfer balances into the estate account, and refund or dispute unauthorized charges.

6. If someone is using accounts without authority, report it

If an individual—family member or otherwise—continues to use accounts after the bank is notified of the death, that use may be unauthorized or criminal (theft, fraud, or conversion). Take these steps:

• Ask the bank/credit card company to investigate and to reverse unauthorized charges where appropriate.
• File a police report documenting suspected theft/fraud. A criminal report can help when asking the bank to freeze accounts or to cooperate in recovery.
• If the bank refuses to act, petition the probate court for emergency/temporary relief (for example, appointment of a temporary personal representative or an order freezing assets while probate proceeds).

7. Preserve evidence

Collect account statements, online transaction history, credit card receipts, emails or texts showing access or use, and any communication with the person using the accounts. Save screenshots and make copies. This evidence helps both banks and the court.

8. Consider civil or probate remedies

If criminal enforcement is not appropriate or sufficient, you can pursue civil claims for conversion (wrongful taking of property), unjust enrichment, or a declaratory judgment in probate court to quiet title to estate assets. These remedies typically require a lawyer if the other party refuses to cooperate or the estate is contested.

9. Get professional help when needed

If the situation is contested, complicated, or involves significant assets, consult a probate or consumer attorney licensed in New Mexico. The State Bar of New Mexico provides lawyer referral resources: https://www.nmbar.org/. If cost is an issue, look for legal aid organizations or limited‑scope representation options.

10. Watch timelines and creditor rules

Probate has deadlines for creditor claims and other filings. Acting promptly preserves estate value and protects heirs. Start the probate or small‑estate process as soon as possible after securing key documents.

Relevant New Mexico resources and statutes

New Mexico uses a probate code and court process to appoint personal representatives and manage estates. See general probate procedures and forms from the New Mexico Courts: https://www.nmcourts.gov/court-procedures/probate/. For statutory text and further research, consult the New Mexico Compilation of Laws through the legislature’s website: https://www.nmlegis.gov/Legislation/Statutes. For certified death certificates: https://nmhealth.org/about/erd/vr/.

Helpful Hints

• Obtain multiple certified death certificates right away. Banks, credit card companies, and government offices usually require originals.
• Collect the deceased’s documents: will, account statements, account numbers, usernames, passwords (if available), and recent mail.
• Contact the bank by phone and follow up in writing. Keep copies of all communications and the names of employees you speak with.
• If you are the named executor, present the will and request Letters Testamentary from the probate court before acting on accounts.
• If the estate qualifies as a small estate, use the simplified process to avoid full probate—check local court rules and thresholds.
• Report suspected theft or fraud to local law enforcement and to the bank’s fraud unit. A police report strengthens your position with creditors and the court.
• Consider placing fraud alerts or credit freezes with the national credit bureaus if identity theft is a concern.
• Do not consent to transfers or sign documents if you are not the legal personal representative. Unauthorized transfers can create liability and make recovery harder.
• If a family member is using accounts and causing conflict, avoid confrontations. Let the bank and court handle access and recovery.