Detailed answer: How to get appointed administrator of your dad’s estate in New Mexico

Short summary: If your father died without a will (intestate) you can ask the probate court to appoint you as the administrator (also called a personal representative). You must file a probate petition in the district court in the county where your father lived, show that you are qualified and that appointment is proper under New Mexico law, notify interested persons, and follow the court’s instructions (bond, inventory, notices, and accounting). This article explains the usual steps, priorities for appointment, and practical tips under New Mexico law.

Step-by-step process to seek appointment

1. Confirm intestacy and identify the correct court. If there is no valid will, the estate is intestate. File in the district court in the county where your father was domiciled at death. The New Mexico Uniform Probate Code governs probate matters; see New Mexico statutes and the court’s probate resources for forms and local procedures (New Mexico Courts: https://www.nmcourts.gov/self-help/probate/; New Mexico statutes overview: https://www.nmlegis.gov/Legislation/Statutes).
2. Determine who has priority to be appointed. New Mexico law gives priority to certain persons when appointing a personal representative. Typically the surviving spouse has top priority, then lineal descendants (children), then other next of kin. If multiple people in the same priority class ask, the court may appoint the person with the best interest of the estate or accept an agreement among them. Identify all potential heirs so the court can apply the statutory order of priority.
3. Meet basic qualifications. You must be an adult with legal capacity. Courts may consider criminal history, conflicts of interest, and ability to administer the estate. If you live out of state, the court can still appoint you but sometimes will require a local resident agent or a higher bond.
4. Prepare and file the petition for appointment. File a Petition for Appointment of Personal Representative (often titled Petition for Administration) with the probate division of the district court. The petition asks the court to appoint you, lists known heirs and creditors, describes the decedent’s assets, and states whether there is a will (here, none). Local courts often have standard forms and filing-fee schedules—check the county court website or state probate resources above.
5. Provide proof of death and basic documents. Attach a certified copy of the death certificate and any documents showing assets (bank statements, titles). The court needs enough information to identify the estate and the heirs.
6. Serve or give notice to interested persons and creditors. New Mexico law requires notice to heirs, next of kin, and sometimes known creditors. The court’s clerk will explain the required notice method (mail, publication if unknown heirs). Proper notice gives others a chance to object to your appointment.
7. Attend the hearing and obtain Letters of Administration. If someone contests your appointment, the court will hold a hearing and decide based on priority, qualifications, and any objections. If the court appoints you, it issues Letters of Administration (or Letters Testamentary where a will exists) that give you authority to act for the estate.
8. Post bond if required and comply with fiduciary duties. The court may require you to post a bond to protect the estate from mismanagement. The court may waive bond if heirs unanimously agree and the law permits. Once appointed you must collect assets, secure property, notify creditors, pay valid debts and taxes, keep records, file inventories and accountings as required by the court, and distribute the remaining assets according to New Mexico’s intestacy rules.
9. Close the estate with a final accounting or discharge. After administration (paying debts, settling claims, distributing assets), file a final accounting and petition for discharge so the court can formally close the estate and release you from further duties.

Who can be appointed and order of priority (practical guidance)

Under New Mexico’s probate rules, the court follows a statutory order of priority when multiple people request appointment. In practice:

• If there is a surviving spouse, they typically have first priority to serve as administrator.
• If there is no spouse, an adult child usually has the next priority.
• If there are multiple children and they disagree, the court will decide who is best suited or may appoint a neutral third party.
• If no close family member is available, another relative, creditor, or interested person can petition for appointment.

The court balances family relationships and the best interests of creditors and beneficiaries. If you are not first in priority but the higher-priority person declines or is unavailable, you can petition.

Bond, notice, inventory, and accounting — what to expect

• Bond: The court usually requires a surety bond unless waived by statute or unanimous consent of interested parties. Bond protects the estate against fiduciary misconduct.
• Notice: Known heirs and creditors must be notified. For unknown heirs, the court may allow publication in a local newspaper.
• Inventory and appraisal: You will likely need to file an inventory of estate assets and their value within the timeframe the court sets.
• Accounting: The court will require interim or final accountings showing receipts, disbursements, taxes paid, and distributions.

How assets are distributed when there is no will

When your father dies intestate, New Mexico’s intestacy rules determine who inherits. Generally, the surviving spouse and children share in the estate, with specific shares depending on whether a spouse survives and whether all children are of the surviving spouse. If there is no spouse or children, more distant relatives may inherit under the statutory scheme. The exact distribution depends on the family situation and the types of property (community vs. separate). Consult the New Mexico statutes on intestate succession (see New Mexico statutes for the Uniform Probate Code: https://www.nmlegis.gov/Legislation/Statutes).

When you should consider hiring a probate attorney

Many family estates proceed without an attorney, but hire one if:

• Heirs dispute who should be appointed or how assets should be divided.
• The estate has complicated assets (real estate, business interests, retirement accounts, out-of-state property).
• Significant debts, tax issues, or creditor claims exist.
• There are potential fiduciary duty disputes or allegations of incapacity or misconduct.

An attorney helps prepare pleadings, represent you at contested hearings, and ensure compliance with statutory deadlines.

Helpful hints

• Start by getting multiple certified death certificates—courts and institutions will require originals.
• Gather documents: bank statements, titles, mortgage/payoff info, insurance policies, retirement account information, and any correspondence that shows assets or liabilities.
• Make a list of known heirs and their contact info; the court needs these names and addresses for notice.
• Contact the probate clerk in the county where your father lived for local forms, fee amounts, and filing procedures. County court web pages often provide fillable forms and checklists.
• If you and other heirs agree who should serve, get the agreement in writing and submit it to the court; this can make appointment and waiver of bond simpler.
• Keep careful records of all estate transactions and receipts. Good recordkeeping makes accounting far easier and reduces disputes.
• If a bank or institution freezes an account, give them certified Letters of Administration (once issued) to access funds for paying authorized expenses.
• Act promptly on creditor notices and tax filings—missing deadlines can create personal liability for the administrator.

Where to find New Mexico forms and statutes

Helpful official resources:

• New Mexico Courts — Probate/self-help page and local court contacts: https://www.nmcourts.gov/self-help/probate/
• New Mexico statutes and code search (Uniform Probate Code materials are in the state statutes): https://www.nmlegis.gov/Legislation/Statutes

Common timeline

While timelines vary, expect initial filing and appointment within a few weeks to a few months depending on court schedules and whether there are objections. Administration of the estate usually takes several months to a year or longer if complications arise.

Disclaimer: This information is educational only and is not legal advice. It summarizes general New Mexico probate procedures and common practices. Laws and procedures change. For advice about your specific situation, consult a licensed New Mexico attorney or the probate clerk in the appropriate county.