Detailed Answer
Under New Mexico law, a court can appoint a guardian or guardian ad litem to protect a minor’s financial interests in an estate. This process ensures the minor receives and manages assets—such as inheritances, life insurance proceeds or trust distributions—under court supervision.
Step 1: Identify the Need for Guardianship
If a minor inherits property or holds an interest in an estate, the probate court must safeguard those assets until the child reaches age 18. A guardian of the property assumes control of the minor’s estate interest. If the minor has no legal representative or a conflict arises, the court may appoint a guardian ad litem to advocate for the child’s best interests.
Step 2: File a Petition in Probate Court
- Prepare and file a petition for appointment of a guardian of the property or a guardian ad litem in the district court probate division of the county where the estate is administered.
- Include details: minor’s name, date of birth, nature of estate interest and identity of the proposed guardian.
- Reference NMSA 1978, Section 45-5-103 (guardian appointment).
Step 3: Serve Notice and Hold a Hearing
- Serve notice on the minor’s parents or existing guardians, all heirs, personal representative and any interested parties.
- Publish notice if the court orders.
- The court schedules a hearing to review the petition, evidence of the minor’s interest and the fitness of the proposed guardian.
Step 4: Court Appointment of Guardian or Guardian ad Litem
After the hearing, if the court finds the appointment serves the minor’s best interests, it issues letters of guardianship. The court may also appoint a guardian ad litem under NMSA 1978, Section 45-5-501 (guardian ad litem) to represent the minor in estate proceedings.
Step 5: Bond, Inventory and Ongoing Reporting
- The court requires the guardian to post a bond to protect the minor’s assets.
- The guardian must file an inventory of the minor’s estate within the deadline set by the court.
- Regular guardian’s reports or accountings keep the court updated on asset management until the minor reaches majority.
Disclaimer
This article is for general informational purposes only. It does not constitute legal advice. For guidance on your specific situation, consult a licensed New Mexico attorney.
Helpful Hints
- Start the guardianship process early to avoid delays in asset access.
- Choose a guardian who is trustworthy, organized and financially responsible.
- Prepare clear records of all transactions and expenses for court reporting.
- Attend all court hearings to stay informed of deadlines and requirements.
- Consider mediation if family members dispute the proposed guardian.