Detailed answer — your rights and step-by-step actions under New Mexico law

Hypothetical facts to illustrate the usual scenario: You are an intestate heir (or named beneficiary) of a decedent’s estate. The personal representative mails you a check for $5,000 and a short note that says, “Final distribution.” The note includes no breakdown of estate assets, debts, fees, or how the representative reached your share.

Here is what you need to know and what you can do.

1. Beneficiaries and heirs have a right to information

The personal representative has fiduciary duties to the estate and to beneficiaries. Those duties commonly include collecting assets, paying valid debts and expenses, keeping accurate records, and providing beneficiaries information about the estate. Under New Mexico’s probate rules (see NMSA 1978, Chapter 45), beneficiaries can expect notice of key probate steps and access to accounting information. For general statutory materials, visit the New Mexico statutes page: https://www.nmlegis.gov/Legislation/Statutes

2. First step: ask for a written accounting and documentation

• Send a written, dated request for a full accounting to the personal representative. Use certified mail (return receipt requested) or email plus a printed copy if appropriate. Keep copies of everything.
• Ask for a breakdown showing: gross estate assets, debts and funeral expenses paid, probate and non-probate asset distributions, probate administration expenses and attorney fees, taxes paid or due, and the calculation showing how they arrived at the check amount.
• Request supporting documents: inventory, bank statements for estate accounts, receipts, bills paid, and any attorney invoices supporting fees claimed.

3. What the accounting should generally show

A reasonable accounting will usually show the estate’s starting assets, all money in and out during administration (receipts and disbursements), any fees or commissions taken, creditor payments, taxes, and the net distributable estate. The representative should explain the formula used to allocate shares among heirs or beneficiaries.

4. If the representative refuses or gives an incomplete answer — use the court

• File a petition in the probate court asking the judge to compel the personal representative to file a formal accounting. Probate courts routinely decide accounting disputes and can order the representative to provide records.
• You can also file objections to the final account or distribution if a final distribution is proposed and you believe it is incorrect or unsupported.
• If the court finds misconduct, it can surcharge (monetary penalty), order repayment, reduce or deny fees, or remove the personal representative. The court can also order further accounting and investigation by a forensic accountant if needed.

5. Alternative remedies and practical steps

• Mediation: Courts or the parties may use mediation to resolve accounting disputes without a full trial.
• Temporary relief: If you suspect funds are being misapplied or squandered, you can ask the court for an interim accounting or temporary injunctive relief to freeze distributions.
• Preserve evidence: Keep the check, any envelopes, notes, emails, and records showing your relationship to the decedent. Record dates you contact the personal representative and summary of responses received.

6. Timing and statutes of limitation

Timing can matter. Some objections and claims against a personal representative (for breach of fiduciary duty, accounting claims, surcharge) have statutory or equitable time limits. If you wait too long after a final distribution and the court has settled the estate, your remedies may become limited. Seek explanation promptly and take court action once informal requests fail.

7. When to consult an attorney

If the representative refuses to explain, denies access to records, or you suspect intentional wrongdoing, consult a probate attorney. An attorney can help draft the demand, file a petition to compel accounting, object to a proposed final account, and represent you in court or mediation.

How to write a clear demand for an accounting (sample checklist)

• Identify yourself and your interest in the estate (heir or named beneficiary).
• Date your letter and reference the decedent’s name and probate case number if known.
• State that you received a payment and request a complete written accounting explaining how the payment was calculated.
• List the documents you want (inventory, receipts, estate bank statements, creditor claims, attorney invoices, any proration worksheets).
• Ask for a response by a specific reasonable date (e.g., 14–21 days).
• State that you will petition the probate court if you do not receive the requested information.

What the court can order

• Compel the personal representative to file a full accounting and produce documents.
• Order repayment or surcharge if the representative improperly withheld or misapplied estate assets.
• Reduce or deny claimed fees if unreasonable.
• Replace the personal representative if the court finds misconduct or incapacity.

Helpful Hints

• Ask in writing first — a courteous, clear demand often resolves things without court action.
• Use certified mail and keep copies of all correspondence and any documents you receive.
• Be specific in your request: list the accounting items and documents you want to see.
• Act promptly. Delays can reduce your remedies once the probate estate is settled and closed.
• Consider limited-scope legal help (document review or a short consultation) if full representation is unaffordable.
• Check the probate court’s website where the estate is filed for local forms and filing steps; court clerks can often explain filing procedures (not legal advice).