Overview of the administrator’s duties under New Mexico law

When someone serves as an administrator (often called a personal representative) of an estate, New Mexico law and court practice require that person to locate, protect, and disclose estate assets and to provide information to interested persons (heirs, beneficiaries, creditors) through inventories and accountings filed with the probate court. The probate court supervises administrators and can order disclosure or take action if the administrator fails in their duties.

Relevant resources on New Mexico probate and forms are available from the New Mexico Courts self-help pages: https://nmcourts.gov/self-help/probate. For statutory text, search the New Mexico statutes or the Uniform Probate Code as adopted in New Mexico via the New Mexico Legislature site: https://www.nmlegis.gov.

Step-by-step actions you can take

1. Ask for the information in writing. Send a clear, dated written request (email or certified mail recommended) asking the administrator for the specific documents and information you want: copies of the death certificate, letters of appointment, inventory and appraisal, wills, bank or brokerage statements, deeds, title documents, and recent accountings. Keep a copy of your letter and proof of delivery.
2. Check the probate court file. Many probate filings are public. Visit or contact the probate clerk where the estate was opened and ask for copies of the petition, letters of appointment, any filed inventory, bond, and accountings. The court file will show what the administrator already filed and whether they formally have been appointed.
3. Request an inventory and accounting. If no inventory or accounting has been filed, you can request the court to order one. In most probate matters, the court can require a personal representative to file an inventory of estate assets and periodic accountings showing receipts, disbursements, and distributions.
4. File a motion to compel or a petition for relief with the probate court. If the administrator refuses to provide documents or the court filings show no inventory/accounting, an interested person (heir or beneficiary) can ask the probate court to compel disclosure, to order the administrator to file an inventory/accounting, or to take other remedial steps such as requiring a bond amendment or ordering sanctions.
5. Consider asking for removal or surcharge. If the administrator’s withholding is deliberate, persistent, or harms the estate, you can petition the court to remove the administrator and appoint a replacement. You can also seek surcharge (monetary liability) for losses caused by mismanagement. The court will weigh the facts and the administrator’s reasons before acting.
6. Use discovery tools if necessary. If the case becomes contested, you (or your attorney) can use discovery—requests for production, subpoenas, depositions—to obtain documents and testimony from the administrator, banks, or other holders of estate property.
7. Preserve evidence and document everything. Keep copies of all communications, requests, and responses. Record dates, times, and who you spoke with. This record will help the court evaluate whether the administrator failed in their duties.
8. Get legal help if the administrator resists. If the administrator ignores court orders, hides assets, or you suspect fraud, talk with a New Mexico probate attorney. A lawyer can file motions, handle discovery, and, if needed, bring criminal or civil actions for theft or conversion of estate property.

Common questions and practical tips

Who is an “interested person” and who can ask for documents?

An interested person generally includes heirs, beneficiaries, creditors, and others with a legal or financial interest in the estate. If you are an heir or named beneficiary, you usually have standing to request inventories, accountings, and to ask the court to intervene.

What documents should I expect to receive?

Typical documents include letters of appointment (proof the administrator has authority), the estate inventory and appraisement, accountings, notices sent to creditors, and copies of the will (if probate was opened under a will). You can also ask for bank statements, titles, and appraisals that show estate assets.

How long should I wait for a response?

Give a reasonable written deadline (often 14 days) for an initial response. If there is no reply or an inadequate reply, proceed to check the court file and consider filing a motion with the probate court.

What if the administrator claims privacy or confidentiality?

Some information may involve privacy concerns (for example, account numbers), but the administrator cannot use privacy as a blanket reason to withhold basic estate information from interested persons or from the court. The court can order redactions while still ensuring meaningful disclosure.

When to call a lawyer

Consider contacting a probate attorney if:

• The administrator knowingly refuses court-ordered disclosures.
• You suspect asset theft, destruction, or conversion.
• The estate is large or includes complex assets (business interests, real estate, investments).
• The administrator is delaying distributions without a valid reason.

An attorney can file the right motions, seek emergency relief, subpoena records, or pursue removal and surcharge claims.

Helpful hints

• Send all requests in writing and keep proof of delivery.
• Start by checking the probate court file to see what the administrator has already filed.
• Ask for specific documents (inventory, accountings, letters of appointment, deeds, bank statements) instead of broad requests.
• Mention that courts can order inventories and accountings—this often prompts cooperation.
• Document delays, evasions, or contradictions in writing—courts rely on records.
• If necessary, request the court to set a status hearing so the administrator must appear and explain the delay.
• Use court clerks and self-help pages for basic forms and procedural guidance: https://nmcourts.gov/self-help/probate.
• If you cannot afford a lawyer, check local legal aid or pro bono services in New Mexico for help evaluating your options.