Detailed Answer

Short summary: If someone has already received letters of administration in New Mexico but you are the sole heir and want the court to revoke those letters and appoint you instead, you must ask the probate court to remove or revoke the administrator’s appointment and to appoint you as personal representative. You do this by filing a petition in the decedent’s probate case, supporting the petition with proof of your priority as the sole heir and with evidence that removal is appropriate (or that the prior appointment was improper). The court will hold a hearing and decide whether to remove the administrator and issue new letters. This article explains the steps, typical legal grounds, evidence to gather, and practical tips under New Mexico law.

What letters of administration are and who gets priority in New Mexico

Letters of administration (also called letters testamentary or letters of appointment when there is a will) are court-issued documents that authorize a person to manage and distribute a decedent’s estate. In an intestate situation (no valid will), New Mexico probate law provides a priority for who may serve as the decedent’s personal representative. If you are the sole heir by intestacy, you normally have the highest priority to serve.

New Mexico’s probate statutes governing decedents’ estates appear in the New Mexico Statutes, Chapter 45. For a full view of the statutes, see: NMSA Chapter 45 (Probate/Decedents’ Estates).

Grounds to ask the court to remove or revoke an administrator

• They were improperly appointed (for example, priority was ignored or the appointment was obtained by fraud).
• They are failing to perform duties: not inventorying assets, not giving required notices to creditors or heirs, refusing to account for estate funds.
• They committed misconduct or breached fiduciary duties: theft, embezzlement, self-dealing, or clear conflicts of interest.
• They are incapacitated, incompetent, or otherwise unfit to serve.

Typical steps to get the court to reconsider and remove the administrator

1. Confirm case status and collect documents. Get a copy of the probate file from the probate court clerk (petition for appointment, order issuing letters, the letters themselves, inventories or accountings filed). Obtain the decedent’s death certificate and documents proving you are the sole heir (birth certificate, marriage certificate, family tree, or other proofs).
2. Preserve evidence. Gather bank records, emails, receipts, wills or disclaimers, communications showing mismanagement, and any proof the appointment was improper. Make copies and keep originals safe.
3. File a petition to remove or revoke letters of administration. Draft and file a petition (often titled “Petition for Removal of Personal Representative” or “Petition to Revoke Letters of Administration” depending on local practice). State the facts, cite legal grounds (improper appointment, breach of fiduciary duty, or incapacity), and ask the court to revoke the existing letters and appoint you as successor personal representative. Attach supporting exhibits (proof of heirship and evidence of misconduct or improper appointment).
4. Ask for interim/emergency relief if necessary. If you believe the administrator is dissipating assets or will harm the estate, request temporary injunctive relief from the probate court (for example, an order freezing estate accounts or appointing a temporary special administrator). The court can act quickly if there is imminent risk to estate property.
5. Serve the petition and notice to interested parties. Serve the administrator and all interested persons and creditors as required by the probate rules. The court will set a hearing date so parties can present evidence.
6. Prepare for the hearing. Organize witnesses, documents, bank statements, and a clear timeline explaining why removal and your appointment are proper. Be ready to show your priority as the sole heir and to prove the administrator’s unfitness or improper appointment.
7. Hearing and court decision. The judge will decide whether to remove the administrator. If the judge removes them, the court will appoint a successor—often in order of statutory priority, which would favor a sole heir.

What the court will consider

The court will evaluate (a) whether the current appointment complied with statutory priority and procedure; (b) whether the administrator has acted in the estate’s best interest; (c) whether there is clear evidence of misconduct, neglect, incapacity, or fraud; and (d) whether appointment of a successor (you) would serve the estate. The judge has broad equitable authority in probate to protect estate assets and the interests of heirs and creditors.

Forms, timelines, and fees

Probate forms, filing rules, and local court practices vary by county. Contact the probate clerk in the county where the decedent was domiciled to get local forms and the current filing fee schedule. For self-help probate resources and forms, New Mexico courts maintain information online: New Mexico Courts – Probate Self-Help.

If you are the sole heir, what advantage does that give you?

Being the sole heir gives you priority for appointment as the personal representative under the intestacy provisions. If the court finds the prior appointment improper or that removal is warranted, the judge commonly appoints the person with highest statutory priority—in your case, the sole heir—unless the court finds a specific reason that disqualifies you from serving.

When to hire an attorney

Removal petitions can involve contested hearings and technical procedural requirements. Hire an experienced probate attorney if:

• The administrator resists and the matter will be contested;
• There are large or complex estate assets, businesses, or ongoing litigation;
• You need immediate emergency relief to prevent dissipation of assets;
• You need help preparing evidence, subpoenas, or an accounting request.

Possible outcomes

• The judge denies removal: administrator stays, but the court may order accounting or supervision.
• The judge removes the administrator and appoints you (if you qualify and no disqualifying factors exist).
• The judge removes the administrator and appoints a different successor (for example, a professional fiduciary) if that serves the estate.
• The parties settle: the administrator resigns and the court appoints a successor by agreement.

Statutory references and where to read the law

New Mexico’s probate statutes (decadents’ estates, administration, appointment of personal representative, and removal or supervision of fiduciaries) appear in the New Mexico Statutes (Chapter 45). Review the chapter and the court’s local probate rules to confirm timing, notice requirements, and forms: NMSA Chapter 45 (Probate/Decedents’ Estates). For local filing and form information, see: New Mexico Courts – Probate Self-Help.

Disclaimer

This information is educational only and does not constitute legal advice. It summarizes general New Mexico probate procedures and is not a substitute for consulting a qualified probate attorney about your specific situation.

Helpful Hints

• Act quickly. Probate matters can move fast and assets can be moved or spent. If you suspect mismanagement, seek temporary relief immediately.
• Document everything. Keep copies of emails, notices, bank slips, and any communications with the administrator.
• Get the probate file. Visit the county probate clerk’s office where the estate was opened and request copies of the case file and docket.
• Ask the court for an inventory and accounting if one has not been filed. Courts require administrators to provide inventories and periodic accountings.
• Avoid direct confrontation. Let motions and court orders handle access to assets rather than informal agreements that could complicate the record.
• Consider mediation. If facts are disputed but not extreme, mediated resolution can be faster and less expensive than full litigation.
• Be prepared to show your priority. Bring birth certificates, marriage certificates, and other family records proving you are the sole heir.
• Consult a probate attorney early if you anticipate a contested hearing or emergency relief is needed.