Detailed Answer
When an estate is opened in
- Obtain the probate file. Contact the county clerk in the county where the decedent’s estate was probated. You can request a certified copy of the entire file, including docket entries and exhibits.
- Review the proof of publication. Look for the affidavit of publication filed by the personal representative or newspaper. Under NMSA 1978, § 45-3-803, notice must run once a week for four consecutive weeks in a newspaper of general circulation.
- Check service to known creditors. The PR must mail direct notice to known or reasonably ascertainable creditors within 30 days of appointment. The certificate of service or affidavit should list each creditor and mailing date, per NMSA 1978, § 45-3-804.
- Confirm the bar date. If the PR published notice as required, general creditors have four months from first publication to file claims. Absent proper notice, claims are barred two years after the decedent’s death. You can assert the two-year rule if you find no valid proof of notice.
- Cross-check newspaper archives. Visit the newspaper’s website or local library archives to ensure the notice ran on the correct dates.
By carefully reviewing these documents, you can verify whether the estate’s notice requirements were satisfied and confidently rely on the two-year bar.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult an attorney for advice about your specific situation.
Helpful Hints
- Ask the county clerk for the docket sheet to trace filings in the probate file.
- Obtain certified copies of affidavits of publication and service.
- Check the exact dates on the newspaper affidavit to confirm the four-week publication period.
- Look for the personal representative’s bond and letters of administration, which often accompany service documents.
- If you can’t find direct service records, the two-year rule may apply by default.