Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
When a person dies without a valid will (intestate) in New Mexico, state law governs how the estate distributes. Under NMSA 1978, §45-2-102 (N.M. Stat. Ann. §45-2-102), if the decedent leaves no surviving spouse but is survived by descendants, the entire estate passes to those descendants. In this scenario—with three surviving children and no spouse—the estate divides equally, giving each child one-third.
Key points to understand:
- Intestate succession: The process by which a decedent’s assets transfer when no valid will exists.
- Equal shares: Each of the three children receives an equal one-third portion of the estate.
- Appointment of an administrator: A family member or other interested person must petition the probate court to be named administrator under NMSA 1978, §45-3-301 (N.M. Stat. Ann. §45-3-301). The administrator gathers assets, pays debts, and distributes the estate.
- Minor heirs: If any child is under 18, the court may appoint a guardian of the estate to manage that child’s share until they reach adulthood.
- Creditor claims: Creditors have a limited time to file claims against the estate before distribution occurs.
Helpful Hints
- File a petition for administration promptly to avoid delays in court.
- Compile all asset records—bank accounts, real estate deeds, vehicle titles, and personal property—in one place.
- Notify all potential heirs and creditors as required by New Mexico probate rules.
- Maintain detailed records of estate expenses, creditor payments, and distributions to heirs.
- Consider consulting a probate attorney if the estate holds complex assets or significant debts.