Detailed Answer — how New Mexico law treats estate property and what you can do

If an heir or beneficiary refuses to return property that belongs to an estate that is still being administered in New Mexico, the issue is generally handled through the probate process. Under the Uniform Probate Code as enacted in New Mexico, estate property belongs to the estate until it is properly distributed by the personal representative (executor or administrator) or by court order. The personal representative (PR) has a legal duty to collect, preserve, and distribute estate assets for the benefit of creditors and beneficiaries.

Key practical steps and legal options:

1. Confirm who is the personal representative and the estate status.

   If the estate is open in probate, identify whether a personal representative has already been appointed. If no PR has been appointed, someone (usually an interested person) should petition the probate court to be appointed so the estate can be administered and property recovered.

2. Make a written demand for return of the property.

   Send the heir a clear written demand that identifies the specific property, states that the property is estate property, and asks for return by a specific date. Keep a copy. A written demand helps establish the estate’s position if you later go to court.

3. Use the probate court if the heir refuses.

   The personal representative may petition the probate court to compel turnover of estate property, to enforce the PR’s inventory and accounting rights, or to obtain injunctive relief to prevent dissipation of estate assets. The probate court has broad authority to protect estate property during administration. For information on the New Mexico statutes that govern probate administration, see the New Mexico Legislature’s statutes page: https://www.nmlegis.gov/Laws–Statutes (see provisions implementing the Uniform Probate Code, NMSA 1978, Chapter 45).

4. If no PR is acting, ask the court to appoint one (or an interim custodian).

   Without a PR, the estate cannot effectively enforce its rights. Petitioning for appointment gives an interested person standing to recover property for the estate.

5. Consider a civil action for recovery (replevin, conversion, or an action on behalf of the estate).

   If the probate court route is not sufficient, a civil lawsuit (brought by the personal representative or by the estate through the PR) can seek return of specific property (replevin), damages for conversion, or injunctive relief. The PR is normally the proper party to bring such actions on behalf of the estate.

6. Seek interim orders when assets are at risk.

   If the property faces imminent loss, the PR or interested party can ask the probate court for temporary injunctive relief or an order directing immediate turnover. The court may also hold a disobedient heir in contempt if they violate a court order.

7. Document everything and preserve evidence.

   Keep inventories, receipts, photos, witness statements, correspondence, and any court filings. The more documentation you have, the stronger the estate’s position in court.

8. Be aware of criminal possibilities, but prioritize civil/probate remedies.

   In some circumstances, wrongful possession of estate property may also raise criminal issues (e.g., theft). You may report suspected theft to law enforcement, but law enforcement typically defers to probate and civil courts to resolve ownership disputes. Do not rely solely on criminal authorities to recover estate property.

9. Consider mediation or settlement if appropriate.

   If family relationships or practical realities make litigation undesirable, mediation or a negotiated settlement overseen by the probate court may resolve the dispute faster and less expensively.

Statutory context: New Mexico administers probate largely under the Uniform Probate Code provisions in the New Mexico statutes (NMSA 1978, Chapter 45). Those provisions set out the duties and powers of personal representatives, the court’s authority to supervise administration, and remedies to protect estate property. See New Mexico statutes and the probate code overview at the New Mexico Legislature’s site: https://www.nmlegis.gov/Laws–Statutes. If you need a specific statutory citation for a particular procedure (for example, PR powers, turnover orders, or appointment of a PR), the probate statutes in Chapter 45 of the NMSA are the place to look.

Who should take these steps? If you are the personal representative, you have the primary legal duty and authority to act for the estate. If you are an heir or an interested person and no one is acting, you can petition the probate court to appoint a PR or otherwise seek court assistance to recover and protect estate property.

Next practical move: if an heir refuses to return property, send a polite but firm written demand and consult the probate court clerk about filing a petition to compel turnover or to appoint a personal representative if one is not already acting. Then consult a probate attorney about filing the appropriate petition or civil action on behalf of the estate.

Disclaimer: This content is informational only and does not constitute legal advice. It is not a substitute for consulting a licensed attorney about the specific facts of your case.

Helpful Hints — quick checklist to protect estate property in New Mexico

• Identify whether the estate is open in probate and who is the personal representative.
• Serve a written demand for return of identified property; keep copies and proof of delivery.
• Document ownership: gather wills, inventories, receipts, appraisals, photos, and witness names.
• If no PR is acting, petition the probate court for appointment so the estate can act.
• Ask the probate court for turnover, injunctive relief, or interim custody if assets are at risk.
• Consider a replevin action or civil suit for conversion if the PR needs to recover specific items.
• Preserve evidence and timelines — courts rely heavily on records and prompt action.
• Use mediation for family disputes when appropriate to avoid costly litigation.
• Contact a New Mexico probate attorney for help drafting petitions or taking court action.
• Remember statutes and court rules govern the process — see the New Mexico statutes for probate (NMSA Chapter 45) at https://www.nmlegis.gov/Laws–Statutes.