Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Detailed Answer
When a person dies without a will (“intestate”) in New Mexico, state law—NMSA 1978, Chapter 45, Article 2—governs who inherits real property. The court oversees the transfer through probate under NMSA 1978, Chapter 45, Article 3. The typical process for transferring title to an inherited home with multiple heirs includes these steps:
- File for Probate: An heir files a petition for administration in district court in the county where the decedent resided (NMSA 1978, §45-3-101). The court appoints an administrator to manage the estate.
- Determine Heirs: The administrator compiles an heirship affidavit based on intestate succession rules. Under NMSA 1978, §45-2-102, the surviving spouse’s share depends on whether there are children or other descendants. Under NMSA 1978, §45-2-103, children share equally if no spouse survives.
- Obtain Letters of Administration: Once appointed, the administrator receives letters of administration from the court. These letters grant authority to handle estate assets, including the real property.
- Prepare and Execute Deed: Using the court’s order determining heirs, the administrator prepares an administrator’s deed conveying the home to the identified heirs. The deed typically states each heir’s fractional interest.
- Record the Deed: Heirs record the administrator’s deed at the county clerk’s office where the property is located. Recording establishes clear title in public records.
In multi-heir situations, heirs hold the home as tenants in common by default. They may agree to:
- Sell the property and split proceeds.
- One heir buys out the others at fair market value.
- Initiate a partition action if they cannot agree.
Helpful Hints
- Identify all potential heirs early to avoid disputes.
- Gather essential documents: death certificate, current deed, marriage and birth certificates.
- Check if the estate qualifies for a small estate affidavit to simplify the process.
- Consult a real estate title company to run title and lien searches.
- Understand that New Mexico has no state inheritance tax, but federal estate tax may apply if the estate’s value exceeds federal thresholds.
- Consider mediation if heirs disagree on property disposition.
- Keep detailed records of all filings, notices, and court orders.