Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Detailed Answer
Overview of Personal Representative Appointment
In New Mexico, the personal representative (sometimes called executor or administrator) manages a deceased person’s estate. You must petition the district court in the county where the decedent lived at death. Your duties include marshaling assets, paying debts, and distributing inheritances under NMSA 1978, § 45-1-201.
Who May Serve?
Priority for appointment follows NMSA 1978, § 45-3-301:
- Named executor in a valid will;
- Surviving spouse or domestic partner;
- Adult child of the decedent;
- Other heirs or a creditor, if no closer relative asks.
Step 1: Prepare and File a Petition
Draft a petition stating your relationship, the decedent’s date and county of death, and the value of assets. Include a certified copy of the death certificate and any will (if one exists). File in district court under § 45-3-302. Court costs run approximately $100–$200.
Step 2: Notice to Heirs and Creditors
After filing, you must notify heirs, beneficiaries and publish notice in a local newspaper under § 45-3-402. Mail individual notices within 10 days of filing; publish once a week for three weeks. Creditors have up to four months from the first publication to file claims.
Step 3: Court Hearing and Issuance of Letters
The court may schedule a hearing if objections arise. If no contest or after objections resolve, the judge issues Letters of Administration or Letters Testamentary. These letters grant you authority to act on behalf of the estate.
Typical Timeline
- Days 1–14: Prepare and file petition.
- Days 15–45: Serve notice on heirs and publish notice.
- Days 46–120: Allow creditors to file claims (four-month period).
- By Day 60: Court normally issues letters if no disputes.
Helpful Hints
- Verify local district court filing fees on the court’s website.
- Use certified mail and keep proof of delivery for notices.
- Consult the New Mexico Statutes Annotated for updates.
- Keep detailed records of all estate transactions and communications.
- Consider hiring a probate attorney if complex assets or disputes arise.