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Detailed Answer

In New Mexico, letters of administration grant legal authority to a personal representative when a person dies without a valid will (intestate). You apply in the district court of the county where the decedent resided or owned real property. The process follows the New Mexico Uniform Probate Code:

1. Determine Eligibility:
   • The estate qualifies for administration if the decedent died intestate or no executor named in a will qualifies or accepts appointment. See NMSA 1978, §45-2-301.
2. Identify Heirs and Collect Information:
   • Gather the decedent’s full legal name, date of death, residency, asset list, and next of kin.
   • Locate all interested parties (spouse, children, parents, siblings). The court must notify them.
3. Complete Required AOC Forms:
   • AOC-E-101 Petition for Letters of Administration: Initiates the case and names the proposed personal representative.
   • AOC-E-103 Notice of Probate Proceedings: Provides notice to heirs and interested parties.
   • AOC-E-105 Oath and Bond: The personal representative swears to perform duties and, if required, posts a bond.
   • AOC-E-106 Inventory & Appraisement: Lists estate assets and their values.
   • AOC-E-107 Order Appointing Personal Representative and Letters of Administration: Official court order and letters issued to the personal representative.
4. File the Forms and Pay Fees:
   • Submit original and two copies of each AOC form to the district court clerk. Filing fees vary by county.
5. Serve Notice:
   • Serve the AOC-E-103 notice on all heirs and interested parties at least 30 days before the hearing.
6. Attend Hearing (if required):
   • If no objections arise, the court typically waives a formal hearing. If someone contests, the court schedules a hearing.
7. Issuance of Letters:
   • Upon approval, the court signs AOC-E-107 and issues official letters. These letters authorize the personal representative to collect assets, pay debts, and distribute property under NMSA 1978, §45-2-802.

Statute Citations:
NMSA 1978, §45-2-301 (Appointment of personal representative when decedent died intestate): https://nmonesource.com/nmos/chapter_45/article_2/section_45-2-301
NMSA 1978, §45-2-802 (Letters testamentary or of administration): https://nmonesource.com/nmos/chapter_45/article_2/section_45-2-802

Helpful Hints

• Verify the decedent’s principal residence to choose the correct county court.
• Download the latest AOC forms from the New Mexico Judicial Branch website.
• Double-check that all interested parties receive the notice within required timelines.
• Prepare a bond if the court requires one. The amount often equals the estate’s value.
• Keep certified copies of letters for banks and other institutions.

Disclaimer: This article provides general information about New Mexico probate procedures. It does not constitute legal advice. Consult an attorney for guidance on your specific situation.