Disclaimer: This article is for educational purposes and does not constitute legal advice.
Detailed Answer
When you file a probate petition in New Mexico but no hearing date is set, you must ask the court to schedule one. Follow these steps to request and confirm a hearing under New Mexico law.
1. Confirm Your Petition Was Filed
First, verify the court clerk received your probate petition. Check the district court’s probate division file. Ensure your petition includes required documents, such as the original will (if any) and a proposed order.
2. Reference the Probate Statutes
New Mexico statutes require the court to set a hearing after a petition is filed. Under NMSA 1978, Section 45-1-202, the court must schedule a hearing “not less than twenty days after service of the petition.” If the court did not schedule a hearing within this period, you can request one.
3. File a Motion to Set Hearing
Draft and file a “Motion to Set Hearing.” In your motion:
- State that you filed a probate petition on [date of filing].
- Note that no hearing date has been scheduled.
- Cite NMSA 1978, Section 45-1-202.
- Include a proposed order with a blank hearing date section for the judge.
4. Serve Notice on Interested Parties
After filing the motion, serve all interested persons with a copy of your motion and the proposed order. Service must comply with NMSA 1978, Section 45-1-203. Typically, you must serve heirs and beneficiaries at least 20 days before the hearing.
5. Obtain the Court’s Order
Once the court reviews your motion, the judge will sign the order setting a hearing date and time. The clerk will then issue a notice of hearing based on that order.
6. Confirm the Hearing
Contact the court clerk to confirm the date, time and courtroom. Attend the hearing prepared with all necessary documentation.
Helpful Hints
- Use the district court’s online portal to track filings and hearing dates.
- Keep copies of all filed documents and proofs of service.
- File and serve your motion promptly to avoid procedural delays.
- Review local probate rules in your county for any specific deadlines.
- Reach out to the court clerk early if you have questions about the process.