Detailed answer — How the process generally works in New Mexico

If a person dies without a valid will (intestate) in New Mexico, the court appoints a personal representative (often called an administrator) to collect assets, pay debts and taxes, and distribute the estate under New Mexico’s intestacy rules. The process is handled in the district court in the county where the decedent lived.

1. Confirm intestacy and identify the right court

• Confirm there is no valid will. If a will surfaces later, the procedure may change.
• File in the district court in the county where the decedent was domiciled (their primary residence).
• For general guidance and local forms, start with the New Mexico Courts probate pages: New Mexico Courts — Probate Forms & Self-Help.

2. Who may be appointed (priority of appointment)

New Mexico follows statutory priority for appointment of a personal representative. Typically, the priority order includes the surviving spouse, then children or heirs, and then other next-of-kin. If multiple people have equal priority, the court resolves conflicts (for example, by appointing the person whom the majority of heirs prefer or whoever is best suited to manage the estate).

3. Prepare and file a petition for appointment

To apply, you must file a petition (sometimes called a Petition for Appointment of Personal Representative or Petition for Administration) with the probate division of the district court. Typical items to assemble before filing:

• Certified copy of the decedent’s death certificate.
• Names, addresses and relationship of the known heirs and beneficiaries.
• An inventory or summary of the decedent’s assets and an estimate of value (bank accounts, real estate, vehicles, personal property).
• Your proposed bond (if required) or documentation showing why bond should be waived (heirs can sometimes waive bond in writing).
• Filing fee (varies by county) and any required forms from the court.

Obtain the specific forms and filing instructions from the district court clerk or the New Mexico Courts website: https://www.nmcourts.gov/self-help/probate-forms.aspx.

4. Notice to heirs and creditors

After you file, the court typically requires notice to all interested persons (heirs and potential creditors). The court often also requires publication of a notice to creditors so unknown creditors have an opportunity to make claims. Check local rules for timing and methods of notice.

5. Hearing and appointment

The court may schedule a hearing to consider the petition. If the petition is uncontested and paperwork is in order, the court will appoint you and issue letters of administration (sometimes called Letters Testamentary or Letters of Administration). These letters allow you to act on behalf of the estate (e.g., access accounts, transfer property, deal with creditors).

6. Duties of the administrator

• Collect and safeguard estate assets.
• Inventory and appraise assets as the court requires.
• Pay valid claims and taxes (the court may require a notice period for creditors).
• Distribute remaining assets to heirs under New Mexico intestate succession law.
• File required reports and accounting with the court and request discharge once administration is complete.

New Mexico’s probate procedures and the state’s intestacy rules are statutory. For an entry point to state statutory resources, see the New Mexico Legislature’s laws portal: https://www.nmlegis.gov/Laws. For practical court forms and step-by-step materials, use the New Mexico Courts self-help probate pages: https://www.nmcourts.gov/self-help/probate-forms.aspx.

7. Small estate procedures

New Mexico provides simplified procedures for smaller estates in some situations. The exact threshold and requirements can vary; check the district court rules or contact the probate clerk for small-estate options that may allow faster distribution with less formal administration.

8. When the court may refuse or require different administration

If there is disagreement among heirs, suspected misconduct, complicated assets (business interests, out-of-state property), or significant debts, the court may require bonds, formal inventories, additional hearings, or appointment of a different person if that better serves the estate.

9. Practical timing and costs

Timing depends on estate complexity and creditors’ timelines. Simple uncontested administrations can take a few months; complex estates may take a year or longer. Expect court filing fees, possible bond costs, publication fees, and potential attorney fees if you hire counsel.

Helpful hints

• Contact the district court clerk in the county where the decedent lived early — clerks can provide local forms, fee schedules and filing instructions.
• Gather records before filing: death certificate, account statements, deeds, titles, insurance policies, and recent bills.
• Make a list of likely heirs and next-of-kin, with addresses if possible; the court needs accurate notice information.
• If you and other heirs agree, prepare written waivers of bond to avoid or reduce bond requirements (confirm with the court first).
• Consider whether a small estate procedure applies — it can save time and expense for estates that meet the criteria.
• Keep careful records: receipts, bank statements, notices, and inventories; you will likely have to account to the court and heirs.
• If a creditor claim appears, respond promptly and consult the probate rules or an attorney about deadlines and defenses.
• When in doubt, consult a New Mexico probate attorney for help with complex assets, disputes among heirs, or tax issues.

Additional resources and forms: New Mexico Courts probate page — https://www.nmcourts.gov/self-help/probate-forms.aspx. For statutory text and legislative resources, see the New Mexico Legislature’s laws portal: https://www.nmlegis.gov/Laws.

Again, this is informational only and not legal advice. For advice tailored to your situation, speak with a licensed New Mexico attorney or the probate clerk in the appropriate district court.