Short answer

If you are an heir, beneficiary, or other interested person in a New Mexico probate and you did not receive notice of a final accounting, you can ask the probate court to reopen or set aside the accounting or otherwise allow a late objection. Typical steps are: confirm your status in the estate, get the probate file and the accounting, file a written objection or motion explaining you did not receive notice, and ask the court for relief (reopen the estate, require a new accounting, or provide other remedies). Because there are procedural deadlines and local practices, consult a New Mexico probate attorney quickly.

Detailed answer — how this works under New Mexico law and what you can do

1. Confirm whether you are an “interested person” in the estate

Only certain people have standing to object. In New Mexico that generally includes heirs, beneficiaries named in the will, creditors with timely claims, and sometimes others with a legal interest. If your parent left a will or died intestate (without a will), you are likely an interested person if you would inherit under the will or the intestacy rules.

2. Get the probate file and the final accounting

Go to the probate clerk’s office where the estate is open and ask for copies of the file. Most New Mexico district courts have probate on their docket and will provide public documents. Review the personal representative’s (executor’s/administrator’s) filings, the final accounting, and any proofs of notice or affidavits of service the representative filed with the court.

3. Check whether the personal representative followed the notice rules

New Mexico’s probate process requires notice to interested persons for many matters. The personal representative should have filed evidence that required notices were given (for example, mailed notices or returned receipts). If the file has no proof you were notified, point that out in any objection or motion. For general information about New Mexico probate law and procedures, see the New Mexico Courts probate information: https://www.nmcourts.gov/self-help/probate/. You can also look up New Mexico’s probate statutes through the New Mexico Legislature website (search Chapter 45 for probate provisions): https://www.nmlegis.gov/.

4. Time limits and late objections

Probate objections and accountings are subject to deadlines. If you did not receive notice, New Mexico courts recognize that lack of notice can undermine the fairness of the proceeding and may allow you to file a late objection or move to reopen the estate. The court will balance factors such as why you weren’t notified, whether the estate distribution is complete, whether distributions can be recovered, and any prejudice to other parties. Because these rules and deadlines can be strict, act promptly.

5. Common remedies the court can grant

• Allow your late objection and schedule a hearing on the accounting.
• Reopen the estate or set aside the final accounting if the court finds a lack of notice deprived you of due process.
• Order the personal representative to provide a corrected or more detailed accounting.
• Require return of funds or surcharge the personal representative if the accounting or distributions were improper.
• Remove the personal representative if the court finds serious misconduct.

6. How to start — practical filings

Typical initial documents you or your attorney would file in New Mexico are:

1. A written objection to the final accounting (often called an objection to account or exception to account).
2. A motion to reopen the estate or to set aside the final accounting based on lack of notice and request for relief (for example, scheduling a hearing and providing alternative notice).
3. A supporting affidavit describing how you learned of the accounting, why you did not receive notice, and what relief you seek.

File the documents with the court clerk, serve other parties according to court rules, and ask the clerk how to set a hearing date. If the accounting already led to distribution of estate assets, your pleading should explain whether those assets can be recovered (and request interim relief if needed).

7. Evidence that helps your case

• Any mail, email, or text showing you did not receive notices or that your address on file was outdated.
• Copies of the probate file showing lack of proof of notice to you.
• Records proving your identity and relationship to the decedent (birth certificate, family records).
• Documentation of improper distributions or suspicious transactions in the accounting.

8. Settlement, mediation, and alternatives

Courts often encourage settlement. If you raise a timely objection, the other parties may agree to re-account, repay distributions, or mediate. Mediation can be faster and cheaper than a contested hearing.

9. When to get a lawyer

If substantial assets are at stake, the accounting is complex, or the personal representative resists reopening, talk to a New Mexico probate attorney right away. A lawyer can check deadlines, draft pleadings, and appear at hearings. Many attorneys offer brief consultations to evaluate whether you have grounds to challenge the accounting.

10. Where to find forms and more information

Start with the New Mexico courts’ self-help and probate pages for local forms and filing procedures: https://www.nmcourts.gov/self-help/probate/. For the statutory text of New Mexico’s probate laws, search the New Mexico Legislature site and Chapter 45 (Probate Code): https://www.nmlegis.gov/.

Helpful Hints

• Act quickly. Even if you missed a formal deadline because you did not get notice, courts prefer prompt action once you learn about the accounting.
• Get the court file right away — the clerk can tell you whether proof of notice was filed.
• Keep written records of how and when you learned about the accounting (who told you, when, and what you were told).
• Do not accept final distributions if you intend to challenge the accounting — returning or preserving funds is easier before they are spent.
• Ask the clerk what local rules or local forms the district court uses for probate objections; procedures vary by county.
• Consider mediation to resolve disputes without long litigation costs.
• If funds were distributed to a third party in good faith, ask the court about remedies rather than assuming full recovery is possible.