Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney in New Mexico for guidance tailored to your situation.
Detailed Answer
If you are an heir who discovered assets after the court closed an estate in New Mexico, you can ask the probate court to reopen the estate. Under NMSA 1978, Section 45-3-801, the court may reopen a probate proceeding when additional property of the decedent is found or if entry of the original order was procured by fraud. To reopen the estate, follow these steps:
- Verify heirship. Obtain documents—like birth certificates, wills, or family records—that show your relationship to the decedent.
- Locate the probate case file. Request a copy of the original probate file from the district court clerk’s office in the county where probate occurred.
- Prepare a Petition to Reopen Estate. Draft a petition stating the discovery of unclaimed assets, identifying the assets, and citing NMSA 1978, Section 45-3-801.
- File the petition and pay fees. Submit the petition to the same district court and pay any applicable filing fees.
- Serve notice to interested parties. Under NMSA 1978, Section 45-1-701, serve all beneficiaries, heirs, and the personal representative of the estate.
- Attend the hearing. At the court hearing, present evidence proving the assets belonged to the decedent and were omitted.
- Inventory and appraisal. If the court grants the petition, inventory and appraise the newly discovered assets per NMSA 1978, Section 45-3-701.
- Distribution. After the inventory, the court will direct distribution according to the will or New Mexico’s intestate succession laws (NMSA 1978, Section 45-2-102).
Helpful Hints
- Act promptly after discovering assets to avoid complications or challenges.
- Keep detailed records of your communications, filings, and court papers.
- Get certified copies of death certificates and the original probate order.
- Work with a licensed New Mexico attorney if the estate is complex.
- Double-check deadlines for serving notice to beneficiaries in your county.
- Consider requesting appointment as a special administrator if no representative is available.