Disclaimer: This information is for educational purposes only and does not constitute legal advice. Consult a qualified attorney to address your specific situation.
Detailed Answer
Step 1: Confirm Ownership and Title
Begin by examining the deed, title commitment or county records. Determine whether the decedent owned the property:
- Sole ownership: Requires probate to transfer.
- Joint tenancy with right of survivorship: Transfers automatically to the surviving joint tenant.
- Community property with right of survivorship: Transfers to the surviving spouse.
- Trust: Held or distributed according to trust terms.
Step 2: Determine Probate Necessity
If the decedent held property in sole name, probate is required to transfer legal title. For estates under $50,000 in personal property (excluding real estate), you may use the small estate affidavit under NMSA 1978, Section 45-3-602 (45-3-602).
Step 3: File a Petition for Administration
Prepare a petition in the county where the decedent lived. Include:
- Certified copy of the death certificate.
- Original will (if any).
- List of heirs and beneficiaries.
File with the district court under NMSA 1978, Section 45-3-301 (45-3-301).
Step 4: Appointment of Personal Representative and Issuance of Letters
The court appoints a personal representative. Once appointed, the court issues letters testamentary (with a will) or letters of administration (without a will). These letters grant authority to act on behalf of the estate.
Step 5: Inventory and Appraisement
Within three months of appointment, file an inventory of all estate assets, including real property. See NMSA 1978, Section 45-3-703 (45-3-703). Include:
- Legal description of the real property.
- Fair market value.
Step 6: Notice to Creditors
Publish notice once a week for three consecutive weeks in a local newspaper. Notify known creditors directly. Creditors then have a limited time to file claims under NMSA 1978, Section 45-3-301(B).
Step 7: Resolve Claims and Taxes
Review creditor claims and pay valid debts. File any required estate tax returns with the New Mexico Taxation and Revenue Department.
Step 8: Petition for Distribution or Order of Sale
If the will devises real property or if intestate heirs are clear, petition the court for an order to distribute or sell the real estate. See NMSA 1978, Section 45-3-905 (45-3-905). The court will authorize transfer or sale under court supervision.
Step 9: Record Deed and Close Estate
Prepare a deed transferring the property to the beneficiary or purchaser. Record the deed with the county clerk and pay required recording fees. Finally, file a closing statement and final account under NMSA 1978, Section 45-3-704.
Helpful Hints
- Obtain certified copies of all documents before filing.
- Work with a title company for a complete title search.
- Track all deadlines for filing inventory and creditor notices.
- Consider the small estate affidavit process for estates with limited assets.
- Consult a probate attorney to avoid procedural missteps.
- Keep detailed records of all disbursements and court filings.