Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
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To complete the affidavit, gather the following documents and information:
- Certified Death Certificate: Obtain a court-issued copy of the decedent’s death certificate.
- Decedent’s Will (if any): Provide the original or a certified copy of the will.
- Small Estate Affidavit Form: A written affidavit that includes:
- Decedent’s full name, date of death and last address.
- Statement confirming estate qualifies as a small estate under Section 45-3-130.
- List of assets (bank accounts, vehicles, personal property) with fair market values.
- Names and addresses of heirs or beneficiaries entitled to each asset.
- Affiant’s name, address and relationship to the decedent.
- Signature of the affiant under oath before a notary public.
- Proof of Asset Ownership: Provide recent bank statements, vehicle titles or account statements verifying the decedent owned each listed asset.
- Affiant’s Identification: A valid photo ID (driver’s license or state ID) of the person signing the affidavit.
- Notarization: Have the affidavit acknowledged by a New Mexico notary public to satisfy the oath requirement.
Once assembled, file the affidavit with the district court clerk in the county where the decedent resided. The clerk will review and, if approved, issue an order allowing you to collect and transfer the assets. For full procedural details, see Section 45-3-131 NMSA 1978.
Helpful Hints
- Verify the current small estate threshold ($75,000) before starting.
- Request multiple certified death certificates—banks often require originals.
- Keep clear copies of every form and document you submit.
- Contact the local district court clerk for official affidavit form templates.
- Consider consulting a qualified attorney if beneficiary disputes arise.