Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney for guidance on your specific situation.
Detailed Answer: Right to Receive a Probate Accounting in New Mexico
Under the New Mexico Probate Code, a personal representative (often called an executor) must file an accounting of estate administration with the probate court and provide a copy to interested persons. Key statutory provisions include:
- Filing and service of an account: NMSA 1978, Section 45-3-905(B) requires the personal representative to file any account with the court and serve a copy on all interested persons at least 15 days before the hearing on that account. NMSA 45-3-905
- Inventory and appraisement: Under NMSA 1978, Section 45-3-705(C), interested persons may examine and copy the inventory and appraisement filed by the personal representative. NMSA 45-3-705
- Access to court records: Probate court records, including accountings, are public under NMSA 1978, Section 45-3-613. Any person may inspect or request copies from the court clerk. NMSA 45-3-613
If you qualify as an “interested person” (for example, an heir, beneficiary under the will, creditor or devisee), you have a statutory right to receive or obtain copies of estate accountings. To enforce this right:
- Submit a written request to the personal representative for a copy of the most recent account.
- If you do not receive a response within a reasonable time, file a motion with the probate court asking the judge to order delivery of the account.
- Attend the hearing on the accounting. The court will review the account and resolve any objections.
Helpful Hints for Requesting Probate Accountings in NM
- Clarify your status: Ensure you qualify as an “interested person” under New Mexico law.
- Make a formal written request and retain proof of delivery (e.g., certified mail).
- Include a reasonable deadline (10–14 days) to prompt timely compliance.
- Budget for copying or administrative fees charged by the personal representative or clerk’s office.
- Check local probate court rules for specific document‐request procedures.
- Consider hiring a probate attorney if you anticipate disputes or delays.