Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a licensed attorney in New Mexico for guidance.
Detailed Answer
Under New Mexico’s Uniform Probate Code, a qualified person may collect a decedent’s personal property without formal probate when the estate’s total value does not exceed $50,000. This process uses an Affidavit of Collection of Personal Property. See NMSA 1978 § 45-3-502 and § 45-3-503.
1. Determine Eligibility
- The decedent died more than 30 days ago and left no pending probate application. (§ 45-3-502(A))
- The total value of personal property in New Mexico (not including real estate) is $50,000 or less. (§ 45-3-502(B))
- The claimant is entitled as a surviving spouse or a relative of the decedent. (§ 45-3-502(A))
2. Draft the Affidavit of Collection
Include the following information, as required by § 45-3-503:
- Decedent’s full name, date of death and county where death occurred.
- Claimant’s full name, address and relationship to the decedent.
- A detailed list of each item of personal property, with estimated values and total aggregate value.
- A statement that no petition for appointment of a personal representative or administration is pending and that 30 days have passed since the date of death.
- An oath that the facts stated are true.
3. Notarize (Certify) the Affidavit
Sign the affidavit before a notarial officer or someone authorized to administer oaths in New Mexico. The officer must acknowledge your signature and affix a seal. This certification validates the document under § 45-3-503(D).
4. Present to Holders of Property
- Provide the certified affidavit and a copy of the decedent’s death certificate to banks, financial institutions or other holders of personal property.
- Request release or transfer of each listed item. Institutions may rely on the affidavit as proof of authority.
- Keep records of all releases and transfers you receive.
5. Understand Liability
Giving a materially false affidavit may result in civil liability or penalties for perjury under NMSA 1978 § 30-16-1. Always verify values and relationships before signing.
Helpful Hints
- Obtain an official death certificate early to attach with your affidavit.
- Use a template or form from your local probate court to ensure compliance.
- Double-check that total personal property value stays within the $50,000 limit.
- Keep copies of your notarized affidavit for at least six years.
- If the estate exceeds limits or disputes arise, consider formal probate and consult an attorney.