Detailed answer — what happens and what you must do

When someone dies without a valid will (called dying “intestate”), New Mexico law determines who inherits. The process to claim your share depends on the size and type of the estate, the family members who survive the decedent, and whether the estate must go through formal probate in district court.

1. Who inherits under New Mexico law?

New Mexico’s probate and intestate succession rules are in the New Mexico Probate Code (Chapter 45 of the New Mexico Statutes Annotated). That law tells the court which family members inherit and in what order.

Generally:

• If the decedent (your parent) has surviving children and no spouse, the children usually inherit the estate in equal shares.
• If there is a surviving spouse, the spouse and children will share the estate; how the estate divides depends on whether the children are also children of the surviving spouse and other facts the statute considers.
• If there are no spouse or descendants, parents, siblings, or more distant relatives may inherit under the statute.

To read the statutory language and see how New Mexico ranks heirs, see the New Mexico Probate Code, Chapter 45: https://www.nmlegis.gov/Sessions/Statutes/Chapter/45.

2. Do you need to open probate?

Whether you must open a probate case depends on what assets are in the decedent’s name and their value. Probate is typically required when there are bank accounts, real estate, or other assets titled solely in the decedent’s name that must be transferred to heirs. Some smaller estates qualify for simplified procedures or transfer by affidavit; courts and statute set the thresholds and rules.

New Mexico courts provide self-help and forms for probate and for simplified procedures — see: New Mexico Courts — Probate Self Help. For downloadable probate forms, visit: New Mexico Courts Forms.

3. Typical step-by-step process to claim your intestate share

1. Obtain certified copies of the death certificate. You will need these to deal with banks, government agencies, and the probate court.
2. Identify assets and beneficiaries. Gather information on bank accounts, investment accounts, real property, safe-deposit boxes, life insurance, retirement accounts, and any debts. Locate marriage, birth, or adoption records that establish family relationships.
3. Determine whether a probate case or a small-estate process is needed. If probate is necessary, file a petition for appointment of a personal representative (executor/administrator) in the district court for the county where the decedent lived.
4. Request appointment as personal representative if appropriate. If you want to administer the estate, you can petition the court to be appointed. The court will notify interested persons and may hold a hearing.
5. Notify heirs and creditors. After appointment, the personal representative provides notice to heirs and publishes or mails notice to creditors as required by statute.
6. Inventory and value estate assets. The representative will locate, inventory, and, if needed, obtain appraisals for estate property.
7. Pay debts, taxes, and costs of administration. The estate must pay valid debts and taxes before distributing inheritances. The representative follows court rules about creditor claims.
8. Distribute remaining assets according to intestacy rules. Once debts and expenses are paid, the representative distributes assets to heirs according to the New Mexico intestacy statutes and files a final accounting with the court.
9. Close the estate. After court approval of the final accounting and distributions, the court closes the probate and the representative is discharged.

4. Small-estate or informal options

New Mexico may offer simplified methods to claim personal property if the estate is small or if particular assets (for example, small bank accounts or certain personal property) meet the statutory conditions. The court’s self-help pages and forms list these options. Use the courts’ resources to determine whether you can avoid full probate.

5. Practical tips and pitfalls

• Do not distribute estate assets before you are authorized to do so (either by written beneficiary designation, joint ownership rules, or court order). Premature distribution can create personal liability.
• Keep careful records of all communications, receipts, and transactions during administration.
• If family members disagree over who is entitled to inherit, the court may require litigation to resolve disputes; deadlines for contesting distributions are limited.
• Be aware of tax filing obligations: federal estate tax rarely applies to small estates, but estate or income tax returns may still be required.

6. Where to look in the law

See the New Mexico Probate Code (Chapter 45) for intestate succession and probate procedure. The statutory text and procedures are available on the New Mexico Legislature website: https://www.nmlegis.gov/Sessions/Statutes/Chapter/45. For court forms and practical guidance, use the New Mexico Courts site: https://www.nmcourts.gov/self-help/probate/.

7. When to consult an attorney

Talk to a probate attorney if the estate includes real property, has substantial assets or debts, involves out-of-state property, or if there are disputes among potential heirs. An attorney can advise you about likely shares under the statute, how to file the necessary court papers, deadlines, creditor notices, and tax issues.

Helpful hints

• Gather basic documents: certified death certificate, your ID, the decedent’s will (if you suspect one exists), marriage and birth certificates, account statements, deeds, titles, and insurance policies.
• Search for a will: contact the decedent’s attorney, check safe-deposit boxes, and ask family members.
• Check beneficiary designations: life insurance and retirement plans often pass outside probate to named beneficiaries.
• Contact the bank or financial institutions early; they will tell you whether an account can be frozen, transferred, or requires probate.
• Use New Mexico court forms and self-help resources before deciding whether to hire counsel: https://www.nmcourts.gov/forms/.
• If you are appointed personal representative, obtain a surety bond if the court requires one; the bond protects the estate against mismanagement.
• Keep heirs informed and in writing. Timely and clear communication reduces family conflict and the chance of contested proceedings.
• If you need legal help finding an attorney, contact the State Bar of New Mexico or your county bar association to find a probate attorney in your area.