New Mexico Notice of Opposition to Petition to Distribute Assets and Close Estate

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State:
Multi-State
Control #:
US-02661BG
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Word; 
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This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

If you die without a will in New Mexico, your assets will go to your closest relatives under state "intestate succession" laws.

The estate is distributed ing to: the decendent's will or if the decendent did not have a will, ing to New Mexico's laws of intestate succession. The probate court appoints legally qualified persons, called personal representatives, to manage and settle the decedent's affairs.

In a probate case, an executor (if there is a will) or an administrator (if there is no will) is appointed by the court as personal representative to collect the assets, pay the debts and expenses, and then distribute the remainder of the estate to the beneficiaries (those who have the legal right to inherit), all ...

The Estate Settlement Timeline: While New Mexico law does not specify a strict deadline for this step, it is generally recommended to do so within a month to ensure a timely start to the probate process.

Seeking Legal Recourse If you believe that the executor is not living up to their duties, you have two legal options: petition the court or file a civil lawsuit.

If the Personal Representative does not give notice directly or by publication, a creditor's claim against an estate must be presented within one (1) year after a person's death, or be deemed forever barred.

If you have no spouse and any of your children are alive, they will be the only heirs to your estate. If you die with a spouse and children, your spouse will inherit all community property and 1/4 of your individual property. Your children will inherit 3/4 of your individual property.

If you do not have a will, your property may get distributed through intestate procedures. In New Mexico, for any deceased person whose total assets (their estate) exceed a value of $50,000, their will or estate (even without a will) may need to go through probate.

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New Mexico Notice of Opposition to Petition to Distribute Assets and Close Estate