FastCounsel

This guide explains the common steps someone in New Mexico should expect when handling a deceased parent’s estate. It assumes you are starting with little or no legal knowledge. This is a general overview only and not legal advice. For questions about your specific situation, consult a licensed New Mexico attorney.

1. Immediate tasks after the death

1. Obtain certified death certificates. Order multiple certified copies from New Mexico Vital Records because banks, insurance companies, and government agencies require them. See New Mexico Department of Health Vital Records: https://nmhealth.org/about/erd/vr/.
2. Locate the original will, trust documents (if any), and any pre‑paid funeral contracts. The original will is essential if probate is necessary.
3. Secure property. Change locks if necessary, secure valuables, and make sure pets and perishable property are cared for.

2. Gather important documents and information

Collect these items as you can:

• Original will and any codicils; trust documents.
• Death certificate(s).
• Bank and investment account statements, safe deposit box information.
• Deeds and mortgage documents, vehicle titles and registrations.
• Life insurance policies, retirement account statements (IRAs, 401(k)), and beneficiary designations.
• Recent bills, credit card statements, tax returns, and a list of known creditors.
• Contact information for family members, friends, and potential heirs.

3. Decide whether probate is necessary

Not all assets pass through probate. Common nonprobate transfers include:

• Accounts with designated beneficiaries (payable-on-death, transfer-on-death, retirement accounts).
• Property owned jointly with rights of survivorship.
• Assets held in an inter vivos trust.

If most assets already transfer by beneficiary designation or joint ownership, formal probate may not be necessary. If probate is needed, the New Mexico Probate Code governs the process; see Chapter 45 of the New Mexico statutes: https://nmlegis.gov/Sessions/Statutes/Chapter/45.

4. If probate is required: opening an estate in New Mexico

1. File a petition in the appropriate New Mexico district court (the county where the decedent lived) to admit the will to probate and to appoint a personal representative (executor) if the will names one. If there is no will, file for appointment of an administrator (personal representative) under the New Mexico Probate Code.
2. The court will issue letters testamentary or letters of administration that authorize the personal representative to act for the estate.
3. Provide notice to heirs and creditors in accordance with New Mexico law. The Probate Code requires both mailed notice to known creditors and publication for unknown creditors; check the Code and local court rules in Chapter 45: https://nmlegis.gov/Sessions/Statutes/Chapter/45.
4. Prepare an inventory of estate assets and, if required, an appraisal. The personal representative must conserve estate property during administration.
5. Pay valid debts, funeral expenses, and taxes from estate funds in the order required by law. File the decedent’s final income tax returns and any estate tax returns that may be required at the federal level. For federal guidance, see the IRS: https://www.irs.gov/individuals/estate-and-gift-taxes.
6. After debts and taxes are resolved and the estate accounts are ready, the personal representative distributes assets to beneficiaries or heirs according to the will or New Mexico intestate succession rules and asks the court to close the estate.

5. Small estate options and alternatives

New Mexico provides less formal procedures for smaller estates or for collecting certain assets without formal probate. Availability and procedures depend on the types and value of the property. Check the New Mexico Probate Code (Chapter 45) and the local court’s forms and instructions for small estate affidavits or summary administration options: https://nmcourts.gov/self-help/probate/. If you think a simplified process applies, speak with the court clerk or an attorney before proceeding.

6. Other important steps and notifications

• Notify the Social Security Administration and stop recurring benefit payments if applicable: https://www.ssa.gov/.
• Contact life insurance companies and retirement plan administrators to submit claims and beneficiary forms.
• Contact banks, mortgage companies, credit card companies, and utilities.
• Cancel or transfer titles, subscriptions, and unnecessary accounts after checking payment obligations.

7. When to hire professionals

Consider hiring a probate attorney in these situations:

• The estate includes real estate, complicated assets, or business interests.
• There is a will contest, disputed beneficiaries, or potential creditor claims.
• Tax issues (large estates, possible federal estate tax, or complicated income tax matters).
• You need help with court filings or accounting required by New Mexico probate procedures.

Local New Mexico court forms, instructions, and self-help resources are at the New Mexico Courts website: https://nmcourts.gov/self-help/probate/. For the controlling statutes, see the New Mexico Probate Code (Chapter 45): https://nmlegis.gov/Sessions/Statutes/Chapter/45.

Disclaimer

This information is educational only and does not constitute legal advice. Laws change and every situation is different. If you need definitive guidance about a particular estate in New Mexico, consult a licensed probate attorney.

Helpful Hints

• Order several certified death certificates immediately — you will need multiple copies.
• Keep original documents (wills, deeds, titles) safe; provide certified copies to banks and court instead of originals when possible.
• Make a simple checklist of institutions to notify (banks, Social Security, insurance companies, mortgage holder, pensions).
• Keep a clear ledger of estate receipts and payments; the court and beneficiaries often require an accounting.
• Ask the court clerk where you intend to file for local filing requirements and recommended forms.
• If family members disagree, stop and get legal advice early — disputes are easier to resolve before assets are distributed.
• For tax deadlines, consult an accountant experienced with decedent final returns and estate tax issues.