Detailed answer — steps to challenge the administrator under New Mexico law

When an administrator closes a decedent’s joint bank account without informing heirs, several legal issues can arise: whether the account was truly a survivorship account, whether the administrator had authority to act, and whether the administrator breached fiduciary duties. Below are practical, step‑by‑step actions you can take under New Mexico law, and the legal basis for those actions.

1. Identify the account type and collect proof

Start by determining whether the account was a joint account with right of survivorship, a joint tenancy, payable‑on‑death (POD), or solely the decedent’s account.

• Request a copy of the bank signature card and account agreement. These documents usually state whether the account automatically passes to the surviving joint owner(s) or was created with other terms.
• Get recent bank statements and any correspondence showing who made deposits or withdrawals.
• If the account was POD or had a survivorship designation, the funds may pass directly to the named survivor(s) and not into probate; if the account was the decedent’s alone, the funds typically become estate property.

2. Ask the administrator and the bank for an explanation and documentation

Contact the estate administrator and the bank in writing. Ask for:

• The reason the account was closed and where the funds were transferred;
• Copies of checks, wire transfers, withdrawal slips, and the bank’s internal records regarding the account;
• Proof the administrator provided the bank with letters testamentary, letters of administration, or other authority.

Keep written records of all communications and dates you contacted parties.

3. Review the probate filings

If the administrator has opened a probate administration, obtain copies of the probate petition, letters of appointment (letters testamentary or letters of administration), inventories, and any accountings filed with the probate court. Probate information and filings typically show what the administrator reported to the court about estate assets.

New Mexico’s probate rules and procedures are found in the New Mexico Probate Code; general statutes and court information are available through the New Mexico Legislature and New Mexico courts: New Mexico Statutes (NMSA) and New Mexico Courts.

4. Demand an accounting from the administrator

Under New Mexico law, an administrator acting for an estate must account for estate property and receipts and disbursements. If you are an interested person (an heir or beneficiary), you can demand a formal accounting. A formal accounting shows what the administrator did with estate assets and when.

If the administrator refuses or the accounting is incomplete, you can ask the probate court to order a full accounting.

5. File motions in probate court to protect estate assets

If you have reason to believe the administrator improperly took or misapplied funds, you can ask the probate court for relief. Common motions include:

• Motion to compel an accounting — asks the court to require the administrator to produce detailed records of transactions;
• Motion for temporary injunctive relief or turnover — if funds remain with the administrator or were transferred to a place the court can reach, you can ask the court to freeze assets or order turnover to the estate;
• Petition to remove the administrator — if the administrator committed misconduct, breached fiduciary duty, or is otherwise unfit, the court can remove and replace them.

These remedies are available through the probate court where the estate is opened. If the estate has not been opened, you can file a petition to open probate and request interim protection of estate assets.

6. Consider civil claims outside probate

Depending on the facts, heirs may have civil causes of action such as conversion (wrongful taking of property), breach of fiduciary duty, unjust enrichment, or fraud against the administrator. If the administrator transferred assets to third parties in bad faith, you may be able to seek recovery from those parties as well.

7. Preserve evidence and consider emergency relief

Act quickly to preserve evidence: obtain bank records, stop further transfers if possible, and put holds on accounts through the bank or court orders. If you fear dissipation of assets, file an emergency motion in probate court asking for a temporary restraining order or temporary injunction to preserve estate assets while the court resolves disputes.

8. When to consult an attorney

Talk to a New Mexico probate or estate litigation attorney if:

• The administrator refuses to account for funds;
• You suspect theft, fraud, or conversion;
• Large estate assets are involved or complex transfers occurred;
• There are disputes among heirs or potential competing claims to funds.

An attorney can draft and file court motions, seek emergency relief, and advise whether a civil lawsuit is appropriate.

Key legal bases and where to look

New Mexico’s probate practice relies on the statutes governing probate and fiduciary duties, and on court rules for probate procedure. For general reference and to locate statutes that govern estate administration and fiduciary duties, review the New Mexico Statutes and local probate court guidance:

• New Mexico Statutes (NMSA) searchable index — use this to find probate code sections on administration, fiduciaries, and accountings.
• New Mexico Courts — the courts’ site includes probate forms and local rules for filings in probate matters.

Because statute numbering and specifics can change, consult the statute text or an attorney for precise statute citations that apply to your situation.

Helpful hints

• Act quickly. Banks and parties may move funds or dispose of documents — early steps make recovery easier.
• Get records in writing. Request copies of all bank records and probate filings and keep originals safe.
• Be an “interested person.” If you are an heir, beneficiary, creditor, or a potential heir, you generally have standing to request accountings and challenge administrators in probate court.
• Document communications. Keep dated copies of emails, letters, and notes of phone calls with the administrator and bank.
• Consider mediation. If the administrator will cooperate, mediation can sometimes resolve disputes faster and at lower cost than litigation.
• Ask the bank for a trace. Banks can sometimes trace where funds went and may place recovery holds if transfers were recent and improper.
• Check for survivorship language. If the account was a true joint survivorship or POD account, the named survivor may have legal title separate from the estate.
• Preserve physical evidence. Save check copies, bank envelopes, ATM receipts, and any handwritten notes related to withdrawals or transfers.
• Get legal help early for large or suspicious transfers. An attorney can file emergency motions to freeze assets and pursue civil claims if needed.