Detailed answer — what you can do now under New Mexico law

If someone has died and you expect to be (or want to become) the personal representative (administrator) of the estate, you can take several steps to secure the residence and limit removal of property before the court formally issues letters. New Mexico probate matters are governed by the New Mexico Probate Code (see Chapter 45 of the New Mexico Statutes); for basic probate procedures and forms, the New Mexico Courts provide a helpful self‑help resource: nmcourts.gov – Probate & Estates. You can also review the statutes in NMSA Chapter 45: NMSA Chapter 45 (Probate).

1) Secure the property without creating confrontation

• Avoid physical confrontation. Do not attempt to forcibly remove people from the home.
• Document condition and contents immediately. Walk through the house with a phone or camera and record video and photos of each room and visible valuables. Note date/time in filenames or a separate log.
• Limit access. If you have the legal authority (e.g., you are an occupant or have the owner’s permission), consider changing exterior locks or installing a keyed/temporary deadbolt. If you cannot lawfully change locks, do not do so.
• Make an inventory for your records. Create a simple list of high‑value items (jewelry, firearms, electronics, documents, vehicles) and their location. Keep this list secure and back it up offsite or in the cloud.

2) Use law enforcement appropriately

• If someone is actively removing property against the wishes of heirs or the decedent’s known directions, call local law enforcement and report suspected theft. Give officers copies of photos and any documentation showing your relationship to the estate and the decedent’s death.
• Ask for a civil standby. Police can sometimes provide a civil standby when someone needs to enter or retrieve items from a residence to avoid a confrontation.
• Understand limitations. Law enforcement may treat this as a civil property dispute unless criminal theft is evident. They may advise you to seek a court order if the matter is disputed among family members.

3) Seek temporary court protection when needed

If family members are removing property or you reasonably fear they will, you can ask the probate (district) court for emergency relief. Typical remedies include temporary exclusive possession, emergency appointment of a personal representative, or a temporary restraining order. These remedies depend on the court’s authority under the probate statutes and general equitable powers.

Practical steps:

• File a petition for appointment of a personal representative (petition for administration). When you file, ask the court for temporary relief or expedited consideration because of the risk of asset dissipation.
• Ask your attorney to request temporary injunctive relief or a temporary order granting exclusive possession of the residence to the proposed administrator until the court decides the petition.
• Be ready to show evidence of imminent loss or removal of property (photos, eyewitness statements, text messages, videos).

For basic filing steps and forms, see the New Mexico Courts probate resources: nmcourts.gov – Probate & Estates. For statutory reference to the probate code, see NMSA Chapter 45.

4) Emergency or temporary appointment of a personal representative

Courts can, in appropriate circumstances, appoint a temporary personal representative or expedite a full appointment to protect estate property. A temporary appointment gives someone immediate authority to secure assets, obtain appraisals, change insurance coverage, and take other steps necessary to preserve estate property.

To seek this relief you typically must:

• File a petition with the district court in the county where the decedent lived.
• Explain why immediate protection is necessary (evidence of removal, threatened sale, lack of security).
• Provide notice to other interested persons as the court requires.

5) Inventory, appraisal, and official duties once appointed

Once the court issues letters to the personal representative, that person has fiduciary duties to preserve estate property, prepare and file an inventory and appraisement (when required by the court), and account for estate assets. Keep careful records of all actions: receipts for storage, locksmith bills, photos, and inventories. The court‑ordered inventory will be the official estate record, so your early documentation will help support it.

6) Avoid actions that could harm your later appointment or legal position

• Do not destroy, conceal, or sell estate property unless the court or statute authorizes it.
• Do not move property into your personal possession for safekeeping without documenting why that was necessary and notifying other interested persons and the court as soon as possible.
• Keep receipts and contemporaneous notes for any steps you take to preserve assets.

7) When to hire an attorney

If family members are likely to remove items or a dispute appears imminent, consult a probate attorney immediately. An attorney can:

• File a petition for appointment and request temporary relief or expedited hearing.
• Draft and serve notices and restraining orders where appropriate.
• Coordinate with law enforcement for civil standbys or criminal reporting when theft is suspected.