Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
In New Mexico, when a person passes away leaving a last will and testament, the executor or any person in possession of the will must present the original document to the probate court. The process ensures the court validates the will and oversees the distribution of assets under the NMSA Probate Code.
1. Locate and Secure the Original Will
Begin by checking with the decedent’s attorney, safe deposit box, or personal files. Under NMSA 1978 §45-3-301 (offer of will for probate), anyone holding the will must deliver it promptly to the district court where the estate will be probated.
2. File a Petition for Probate
Prepare and file a probate petition in the district court of the county where the decedent resided. Attach the decedent’s death certificate and the original will. Local court rules typically require the original will before scheduling a hearing.
3. Submit the Will to the Court Clerk
Deliver the original will to the district court clerk’s office. The clerk logs and retains the document in the case file. If you need a copy for other purposes, request a certified copy for a statutory fee.
4. If the Original Will Is Lost or Destroyed
If the decedent’s original will cannot be found, New Mexico law allows submitting a copy. Under NMSA 1978 §45-3-402 (admissibility of copy of lost will), the petitioner must prove the copy’s authenticity and contents through witness testimony and evidence of due execution.
Helpful Hints
- Contact the district court clerk early to confirm local procedures and fees.
- Keep detailed records of document submissions, including dates and clerk receipts.
- If someone delays handing over the original will, reference the duty under NMSA §45-3-301.
- Gather affidavits from witnesses promptly if the original will is missing.
- Consider consulting a probate attorney to navigate complex issues or disputes.