Detailed Answer

Short answer: Usually, yes — if the house was part of your father’s probate estate, the money left after selling the house and paying valid debts and expenses becomes part of the estate’s residue and is distributed according to your father’s will. However, several common exceptions can remove the house (or part of its value) from probate before distribution: joint ownership with right of survivorship, beneficiary designations, trust ownership, or community-property rules. Those situations change who gets any leftover money.

How this works under New Mexico law (basic framework)

When a person dies in New Mexico, the estate administration process determines what property is available to pay debts and what remains to distribute to heirs or beneficiaries. The person named as personal representative (executor) will collect assets, pay funeral and administration costs, and pay valid creditor claims. After creditors and costs are paid, the remainder (the “residue” of the estate) is distributed according to the decedent’s will. The New Mexico Probate Code governs this process; see the Probate statutes at the New Mexico Legislature: NMSA 1978, Chapter 45 (Probate Code).

Key steps that determine distribution

• Identify ownership at death. If the home was owned solely by your dad and titled only in his name, it is likely a probate asset.
• Personal representative sells the home. If estate cash is needed to pay debts or to administer the estate, the personal representative may sell estate property following the Probate Code and any court orders.
• Pay debts and expenses. Funeral costs, administration expenses, and allowed creditor claims are paid first from estate assets.
• Distribute the residue. After those payments, any remaining money becomes part of the residue and is distributed according to the will. If the will leaves the residue to named beneficiaries, they receive the leftover funds.

Common exceptions where the will does NOT control the leftover

• Joint tenancy or survivorship title: If the house was owned jointly with a right of survivorship (for example, joint tenants or tenants by the entirety where applicable), ownership transfers automatically to the surviving owner and bypasses probate. The proceeds from a forced sale by the surviving co-owner would not be distributed under the will for the decedent’s share.
• Trust ownership: If the house was owned by a living trust, the trustee follows trust terms and the property does not go through probate.
• Beneficiary designations: Assets that name a beneficiary (life insurance, retirement accounts) pass to that beneficiary outside probate.
• Community or marital property claims: Because New Mexico recognizes community property concepts and spousal property rights can affect what portion of property belongs to a surviving spouse, a surviving spouse may have a claim to all or part of the home’s value outside the terms of the will.
• Homestead or statutory allowances: New Mexico law protects certain allowances or homestead rights that can affect distributions; these rights may reduce the amount available to the will’s beneficiaries.

Practical example (hypothetical facts)

Suppose your father owned the house in his name alone and left a will naming two children as beneficiaries. The personal representative sells the home for $300,000, pays $50,000 in mortgage payoff, $10,000 in funeral and administration costs, and $5,000 in allowed creditor claims. The estate keeps the remaining $235,000. That remainder is part of the estate residue and, absent other claims, is distributed according to your father’s will.

By contrast, if the house had been titled jointly with your mother as joint tenants with right of survivorship, the house would have passed automatically to your mother at your father’s death and would not enter probate as your father’s asset.

What you should check now

• Look at the deed: who is named on title and whether it includes a survivorship right.
• Check for a trust: confirm whether your parents transferred the home into a living trust.
• Ask the personal representative for an accounting: the representative should show sale proceeds, expenses, creditor payments, and the amount that becomes the residue.
• Confirm spouse rights: if a surviving spouse exists, ask whether any spousal claims, homestead exemptions, or elective-share rights apply.

Legal citations and further reading

New Mexico’s probate process and the duties of a personal representative are governed by the New Mexico Probate Code. See the Probate Code at the New Mexico Legislature: NMSA 1978, Chapter 45 (Probate Code). For procedural forms and self-help information, the New Mexico courts provide resources for probate and estate matters: visit the New Mexico Courts website (search the probate/self-help section on nmcourts.gov).

When to talk to an attorney

If you are unsure whether the house was a probate asset, whether a surviving spouse has claims, or if the personal representative is not providing a clear accounting, consult a probate or estate attorney licensed in New Mexico. An attorney can review the deed, the will, any trust documents, and the personal representative’s actions and advise about next steps, including filing objections or asking the court to resolve disputes.

Disclaimer

This information is educational only and is not legal advice. It does not create an attorney-client relationship. For legal advice about a specific situation, consult a qualified New Mexico attorney.

Helpful Hints

• Obtain a copy of the deed and check whether title is solely in your father’s name.
• Request a written accounting from the personal representative showing sale proceeds and payments.
• Check for a trust or beneficiary designations that may remove assets from probate.
• Ask whether any homestead exemptions or spousal election rights could reduce the estate residue.
• If you suspect wrongdoing or incomplete accounting, contact a probate attorney promptly — deadlines can be short for filing objections.
• Keep written records of all communications and financial documents related to the estate.