Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to address your specific situation.
Detailed Answer: Intestate Administration in New Mexico
When someone dies without a valid will in New Mexico, the Probate Code guides the appointment of an administrator to settle the estate. The administrator oversees asset collection, pays debts, and distributes property under NMSA 1978, § 45-3-102. Follow these steps:
1. Identify Eligible Heirs and Priority Order
State law sets a priority list for appointment:
- Surviving spouse
- Children or descendants of a deceased child
- Parent
- Sibling
- Other next of kin
If multiple heirs in the same class petition, the court chooses the person likely to serve the estate’s best interests.
2. File a Petition for Administration
A qualified heir files a petition in the probate court of the county where the decedent resided. Include:
- Decedent’s full name, date of death, and last address
- Names and addresses of all heirs
- Description and estimated value of assets
See NMSA 1978, § 45-3-103 for detailed filing requirements.
3. Publish Notice and Post Bond
After filing, the court schedules notices. The petitioner must:
- Publish a notice to creditors in a local newspaper within 10 days (NMSA 1978, § 45-3-502).
- File proof of notice and post a bond as ordered (NMSA 1978, § 45-3-301).
4. Attend Court Hearing and Receive Letters of Administration
At the hearing, the judge reviews the petition, proof of notice, and bond. If paperwork complies with statutory requirements and no valid objections arise, the court issues Letters of Administration. These letters authorize the administrator to manage estate affairs.
Helpful Hints
- Gather the decedent’s death certificate, bank statements, deeds, and heir contact information before filing.
- Review local county probate rules—procedures can vary by jurisdiction.
- Consider hiring a probate attorney for estates with significant assets, complex assets, or family disputes.
- Keep clear records of all estate transactions for the final accounting.
- Notify Social Security, banks, insurers, and other institutions about the decedent’s death promptly.