How to Validate and Certify an Affidavit of Collection to Collect Personal Property in NM

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.

Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a licensed attorney in New Mexico for guidance.

Detailed Answer

Under New Mexico’s Uniform Probate Code, a qualified person may collect a decedent’s personal property without formal probate when the estate’s total value does not exceed $50,000. This process uses an Affidavit of Collection of Personal Property. See NMSA 1978 § 45-3-502 and § 45-3-503.

1. Determine Eligibility

  • The decedent died more than 30 days ago and left no pending probate application. (§ 45-3-502(A))
  • The total value of personal property in New Mexico (not including real estate) is $50,000 or less. (§ 45-3-502(B))
  • The claimant is entitled as a surviving spouse or a relative of the decedent. (§ 45-3-502(A))

2. Draft the Affidavit of Collection

Include the following information, as required by § 45-3-503:

  • Decedent’s full name, date of death and county where death occurred.
  • Claimant’s full name, address and relationship to the decedent.
  • A detailed list of each item of personal property, with estimated values and total aggregate value.
  • A statement that no petition for appointment of a personal representative or administration is pending and that 30 days have passed since the date of death.
  • An oath that the facts stated are true.

3. Notarize (Certify) the Affidavit

Sign the affidavit before a notarial officer or someone authorized to administer oaths in New Mexico. The officer must acknowledge your signature and affix a seal. This certification validates the document under § 45-3-503(D).

4. Present to Holders of Property

  • Provide the certified affidavit and a copy of the decedent’s death certificate to banks, financial institutions or other holders of personal property.
  • Request release or transfer of each listed item. Institutions may rely on the affidavit as proof of authority.
  • Keep records of all releases and transfers you receive.

5. Understand Liability

Giving a materially false affidavit may result in civil liability or penalties for perjury under NMSA 1978 § 30-16-1. Always verify values and relationships before signing.

Helpful Hints

  • Obtain an official death certificate early to attach with your affidavit.
  • Use a template or form from your local probate court to ensure compliance.
  • Double-check that total personal property value stays within the $50,000 limit.
  • Keep copies of your notarized affidavit for at least six years.
  • If the estate exceeds limits or disputes arise, consider formal probate and consult an attorney.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.