Getting Appointed Administrator of Your Sister’s Estate in New Mexico

Short answer: If your sister died without a will (intestate), you can ask the probate court in the county where she lived to appoint you as the personal representative (sometimes called administrator). You must file a petition, notify heirs and creditors, meet the court’s qualifications, and follow New Mexico’s probate procedures until the estate is closed.

Detailed answer — step‑by‑step under New Mexico law

1. Confirm there is no valid will

Before asking the court for appointment, confirm your sister did not leave a valid will. If no will exists or if the will is invalid, the estate is intestate (no will) and the court will appoint a personal representative to administer the estate under New Mexico probate rules.

2. Determine the proper court and where to file

File the petition in the district court in the New Mexico county where your sister lived when she died. The New Mexico Courts website has probate information and local contact details: https://www.nmcourts.gov/probate.

3. Who may be appointed — priority order

Court practice follows a priority for appointment. Typical priority (common in many states and applied in New Mexico probate practice) places qualified persons such as a surviving spouse, an adult child, parent, or other next of kin ahead of more remote relatives. If your sister had no spouse, no surviving children, and you are her surviving sibling, you are generally in the class of persons entitled to be appointed as administrator. The court will confirm you are a suitable and qualified person to serve.

4. Prepare and file a petition for appointment

You must file a formal petition (often called “Petition for Appointment of Personal Representative/Administrator”) with the district court. The petition usually asks the court to appoint you, identifies the decedent, lists heirs and known creditors, states estimated asset values, and requests issuance of Letters of Administration (the court document that gives you authority to act for the estate).

5. Required documents and information

• Certified death certificate.
• List of heirs and next of kin with addresses (if known).
• Estimated inventory of assets (bank accounts, personal property, real property, vehicle titles, etc.).
• Petition form and any local court forms. Many New Mexico counties publish probate forms and instructions on county court web pages; start at the New Mexico Courts probate page: https://www.nmcourts.gov/probate.

6. Notice and service

New Mexico procedure requires giving notice to interested persons (heirs, devisees, creditors) and sometimes filing proof of service or mailing. The court will set any hearing date and require statutory notice to protect interested parties’ rights.

7. Bond requirement

The court often requires the personal representative to post a surety bond to protect the estate from mismanagement. Heirs may agree to waive the bond in writing; if the court approves a waiver it may reduce or eliminate the bond requirement. Discuss bond options with the court clerk or an attorney.

8. Court hearing and issuance of Letters of Administration

At the hearing the judge will review the petition, confirm notice was given, and decide whether to appoint you. If the judge appoints you, the court issues Letters of Administration (or Letters Testamentary if there were a will). Those letters authorize you to collect assets, pay debts, and distribute the estate under court supervision.

9. Duties after appointment

• Open an estate bank account and keep estate funds separate.
• Inventory and value estate assets and file inventory if required by the court.
• Provide formal notice to creditors and pay valid claims in priority order.
• Prepare and file tax returns (estate and final individual returns) as needed.
• Distribute remaining assets to heirs according to New Mexico intestacy rules after debts, taxes, and administration costs are paid.
• File a final accounting and petition for discharge/closing of the estate when administration is complete.

10. Small estate or simplified procedures

New Mexico provides simplified procedures for small estates or for collecting certain property outside formal probate. The rules and dollar thresholds may vary, and counties sometimes provide simplified forms (for example, affidavits to collect small amounts). Check the New Mexico Courts probate resources and local court clerk for small‑estate procedures: https://www.nmcourts.gov/probate.

11. Where to find the law and forms

New Mexico’s probate statutes and rules govern the process. For statutory text and legislative resources start at the New Mexico Legislature website: https://www.nmlegis.gov. For practical forms and county‑specific procedures use the New Mexico Courts probate pages: https://www.nmcourts.gov/probate.

12. How long does this take?

Timing varies. Appointment of a personal representative can happen in a few weeks if there is no dispute and paperwork is complete. Full administration of the estate typically takes months to more than a year depending on asset complexity, creditor claims, tax issues, and litigation.

13. When to consider hiring an attorney

Consider getting a probate attorney if the estate has real estate, business interests, complex assets, significant debts, potential disputes among heirs, or tax concerns. An attorney can prepare petitions, represent you at hearings, advise on bond and inventory obligations, and help close the estate properly.

Helpful hints

• Start by contacting the district court clerk in the county where your sister lived — clerks can provide local probate forms and filing fees.
• Gather the death certificate and any records showing assets (bank statements, titles, bills). The court will need an inventory.
• Make a reasonably complete list of heirs, their addresses, and contact info to speed up notice requirements.
• Ask heirs in writing if they will waive bond — a waiver can reduce costs and speed appointment.
• Keep detailed records and receipts for all estate transactions; you’ll need them for accounting and final distribution.
• If you expect disputes, invite an estate‑law attorney early; contested probate takes longer and is more expensive if you try to handle it alone.
• Use free resources: New Mexico Courts’ probate information and local law libraries can help with forms and procedural questions: https://www.nmcourts.gov/probate.

Quick checklist to file a petition

1. Obtain certified death certificate.
2. Confirm no will exists (check with family and any known attorneys).
3. Prepare petition to appoint personal representative (use local court form if available).
4. Compile list of heirs and assets.
5. File petition with district court and pay filing fee.
6. Serve notice to interested persons and follow the court’s scheduling instructions.

Disclaimer: This article explains general New Mexico probate procedure and is for educational purposes only. It is not legal advice and does not create an attorney‑client relationship. For advice about your specific situation, contact a licensed New Mexico attorney or the district court clerk in the county where the decedent lived.