New Mexico Affidavit Of Heirship Without Probate

Category:
State:
New Mexico
Control #:
NM-02501
Format:
Word; 
Rich Text
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Description

This Heirship Affidavit form is for a person to complete stating the heirs of a deceased person. The Heirship Affidavit is commonly used to establish ownership of personal and real property. It may be recorded in official land records, if necessary. Example of use: Person A dies without a will, leaves a son and no estate is opened. When the son sells the land, the son obtains an heirship affidvait to record with the deed. The person executing the affidavit should normally not be an heir of the deceased, or other person interested in the estate.
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Affidavit

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FAQ

In New Mexico, if the total value of the estate exceeds $50,000 the will must go through the Court to be probate. An estate worth less than $50,000 is considered a small estate.

In New Mexico in the absence of a will, a surviving spouse inherits the entire estate unless the decedent and the spouse share descendants, in which case the spouse inherits all of the decedent's community property and a quarter of the separate property; the descendants inherit the rest.

Normally, a probate must be filed within three years following the decedent's death. Under New Mexico law no appointment of a personal representative may be made during the first 120 hours (five days) following the death.

To avoid probate, you would establish a trust during your life so that the trust would govern your assets at the time of your death, rather than requiring probate. One reason you may want to set up a trust during your life would be for administrative ease if you own property in more than one county or state.

TIMELINE. Normally, a probate must be filed within three years following the decedent's death. Under New Mexico law no appointment of a personal representative may be made during the first 120 hours (five days) following the death.

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New Mexico Affidavit Of Heirship Without Probate