Detailed Answer
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.
1. Search the Decedent’s Personal Records
Begin by reviewing the decedent’s home office, filing cabinets, safe, and desk drawers. Look for labeled folders, binders, or lockboxes that might contain the original will or codicils. Family members often store estate planning documents with personal records.
2. Contact the Decedent’s Attorney
If the decedent worked with an attorney to draft their will or codicils, the attorney likely retains the original or a file copy. Request a status check and ask whether the attorney deposited the original will with the district court under New Mexico law (see Section 45-2-502 of the NMSA 1978, § 45-2-502).
3. Check Banks and Safe-Deposit Boxes
Ask local banks where the decedent held accounts if there is a safe-deposit box in their name. In New Mexico, banks may allow a personal representative or next of kin to search the box after providing a death certificate and court order. Note that you must obtain court permission before accessing a box if the bank requires a copy of the will or probate filings.
4. Query the District Court Clerk
Under Section 45-2-502, a testator can deposit a will with the clerk of the district court in the county of residence. Contact the clerk’s office in the county where the decedent lived and inquire whether an original will is on file. If a will is deposited, the clerk keeps it sealed until probate begins.
5. Verify Authenticity of Documents
Once you locate a will or codicil, confirm it meets the formal execution requirements under New Mexico law. The will must be signed by the testator (or by someone in the testator’s presence and at their direction) and witnessed by at least two competent adults who sign in the testator’s presence (NMSA 1978, § 45-2-501). If the document lacks these elements, you may need to prove a lost or defective will under New Mexico’s probate code (NMSA 1978, § 45-3-302).
Helpful Hints
- Keep a list of everyone you contact, along with dates and methods of communication.
- Obtain a certified copy of the decedent’s death certificate before requesting documents.
- Ask banks if they allow a representative to view contents without court papers (policies vary).
- Check for electronic vault services or virtual document storage used by attorneys.
- Consult probate court staff about any special local procedures or fee waivers.