Who must be notified when you open probate in New Mexico?

This FAQ-style guide explains, in plain language, the kinds of notices people typically must send when they open a probate case in New Mexico. It focuses on who gets notice, common methods of delivery, and practical steps to make sure heirs and interested parties are notified. This is educational information only and not legal advice.

Short answer

When opening a probate case in New Mexico you will normally need to provide: (1) direct notice to the decedent’s known heirs and devisees (people named in a will); (2) direct notice to the surviving spouse; (3) notice to known creditors; and (4) notice by publication for unknown or unlocatable heirs or creditors. The exact forms of notice, who qualifies as a person entitled to notice, and timing depend on the specific type of probate proceeding and the New Mexico probate statutes and local court rules.

Detailed answer — what notices are typically required

1. Notice to heirs and devisees (persons entitled to notice)

When you file a probate petition (for example, to admit a will or to appoint a personal representative), New Mexico law requires that persons who have a legal interest in the estate be notified so they can participate or object. These typically include:

• All beneficiaries named in the will (devisees).
• All heirs at law — persons who would inherit if there were no valid will (spouse, children, parents, siblings, etc.).
• The surviving spouse specifically, when there is one.

How you serve these people: in most straightforward matters, the court requires that the petitioner (or petitioner’s attorney) mail or personally deliver a copy of the petition and a notice of the probate filing to each known heir and devisee. The notice typically includes the filing date, the petition type, the hearing date (if any), and the contact information for the petitioner or petitioner’s attorney.

2. Notice to the personal representative (appointment notice)

If you are asking the court to appoint a personal representative (executor or administrator), the court will make sure the proposed representative and interested persons receive notice of the appointment proceeding. The appointed representative will later have duties to notify others (for example, creditors).

3. Notice to known creditors

Personal representatives must also take steps to notify known creditors. Usually, you must give direct notice (by mail) to creditors whose names and addresses are known or reasonably ascertainable. The personal representative often sends these notices soon after appointment and before taking other estate actions. Separate published notice (see below) informs unknown creditors.

4. Notice by publication for unknown or unlocatable heirs and creditors

If you cannot locate an heir, devisee, or creditor after reasonable effort, New Mexico practice allows the court to require notice by publication. The court will specify the content and the number of times the notice must appear in a local newspaper. Publication is a backstop to reach people whose addresses you cannot find.

5. Small estates, summary procedures, and simplified notice rules

If the estate qualifies for a small-estate procedure or other abbreviated probate process, New Mexico provides simplified notice rules or reduced notice burdens. Those options may allow quicker administration but still require that interested persons be informed. Whether your matter qualifies depends on the estate size and specific statutory criteria.

6. Timing and proof of notice

The court will expect proof that required notices were sent. That proof may be a certified mail receipt, a signed acknowledgment, a sworn affidavit of service, or a court-stamped mailing certificate. Timelines vary by the type of notice and the proceeding (formal vs. informal). To avoid disputes, send required notices promptly after filing and keep copies and delivery proofs.

Where to find the relevant New Mexico rules and statutes

New Mexico’s probate statutes and court forms set the exact requirements (who must be served, how service is made, and any deadlines). To review the governing law and local court forms, consult the official state resources:

• New Mexico Statutes and the probate code: New Mexico Legislature — Statutes (search for “probate” or “Chapter 45”): https://www.nmlegis.gov/
• New Mexico Judiciary — court information and self-help resources (probate forms and local instructions): https://www.nmcourts.gov/

If you need exact statutory citations or the text of specific probate sections, the state statute website above lets you search the NMSA (New Mexico Statutes Annotated) for the probate provisions that apply to your situation.

Practical checklist before you file

1. Identify all possible heirs and beneficiaries: spouse, children (including adopted), parents, siblings, and anyone named in a will.
2. Gather current addresses. Check public records, last known addresses, and other family contacts.
3. Prepare the petition and a clear notice form that explains the filing and next steps.
4. Mail or personally serve each known heir and devisee and send direct notice to known creditors.
5. If someone cannot be located, check with the court clerk about the process and timing for notice by publication.
6. Keep copies of mailed notices and proof of delivery: certified mail receipts, affidavits of service, or return receipts.
7. File certificates or affidavits of service with the court to document that the required notice steps were completed.

When to get a lawyer

Consider getting an attorney if:

• Heirship is unclear or there may be missing or unknown heirs.
• A will is contested or you expect litigation.
• There are complicated assets, out-of-state property, or tax issues.
• You’re unsure whether to use an informal or formal probate procedure or whether the estate qualifies for small-estate relief.

Helpful Hints

• Start early: locating heirs and creditors takes time. The sooner you begin, the fewer delays at court.
• Document every step: courts rely on proof of service. Keep copies, receipts, and sworn statements of mailing or publication.
• Use certified mail (return receipt) for important direct notices whenever possible.
• When in doubt about who counts as an heir, check the decedent’s family records and consider a title or genealogy search.
• Ask the court clerk for local procedures and any preferred forms — clerks can guide you on filing and filing fees but cannot give legal advice.
• If you must publish notice, confirm the exact publication wording, timeline, and newspaper requirements with the court before placing the ad.
• Look for free or low-cost probate self-help resources on the New Mexico Courts website if you cannot afford an attorney.

Disclaimer: This article is educational only and does not constitute legal advice. Laws and court procedures change. For advice about a specific situation, consult a licensed New Mexico attorney or contact the court clerk in the county where the decedent lived.