Detailed Answer
When a decedent passes away, their bank accounts become estate assets. If one or more co-heirs refuse to cooperate, you cannot gain access or freeze these accounts simply by presenting a death certificate. Under New Mexico law, you must secure court authorization by appointing a personal representative. The key statutes include NMSA 1978, Section 45-3-301 (appointment of personal representative) and Section 45-3-402 (temporary personal representative).
1. Petition for Appointment of Personal Representative
- Death certificate: Obtain a certified copy from the New Mexico Department of Health.
- Original will (if any): File the decedent’s will or, if none exists, file an Affidavit of Heirship.
- Application form: Complete the District Court probate petition found on your county court’s website.
- Heirship information: List all potential heirs and their contact details.
- Notice documents: Prepare and serve notice to interested parties as required by NMSA 1978, Section 45-3-304.
- Bonds and Oaths: File any bond and oath the court requires for fiduciaries.
- Court order: After a hearing, the judge issues letters testamentary or letters of administration authorizing you to secure estate assets.
2. Temporary Personal Representative
If immediate action is needed to prevent dissipation of funds, petition under Section 45-3-402 for a temporary personal representative. This appointment grants limited authority—such as freezing bank accounts—until a permanent representative is named.
3. Presenting Court Authorization to the Bank
- Letters testamentary or administration: Provide certified copies to the bank.
- Court order to freeze: If necessary, request a specific order freezing the decedent’s accounts until distribution.
- Identification: Present your personal ID matching the court records.
Key Statutes & Resources:
- NMSA 1978, Section 45-3-301 (Appointment of personal representative): nmlegis.gov
- NMSA 1978, Section 45-3-402 (Temporary personal representative): nmlegis.gov
- NMSA 1978, Section 45-3-304 (Notice to interested persons): nmlegis.gov
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney about your specific situation.
Helpful Hints
- Start early: Gathering certified documents can take weeks.
- Keep records: Track all filings, service receipts, and communications.
- Communicate: Even uncooperative heirs must receive proper notice.
- Use court forms: Many New Mexico county courts provide templates online.
- Consider mediation: You may resolve disputes and avoid extra fees.
- Check deadlines: NMSA 1978, Section 45-3-301 sets limits on when you must file.