[Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] [Probate Court Address] [City, State, ZIP] Subject: Petition to Close Estate and For Other Relief [Honorable Judge's Full Name] I, [Your Name], hereby submit this Petition to Close Estate and For Other Relief on behalf of the estate of [Deceased's Full Name]. I am the personal representative of the estate and have fulfilled my duties and responsibilities in accordance with the laws of New Mexico. I respectfully request the court's approval to close the estate after completing all necessary legal obligations and distributing the remaining assets among the beneficiaries. This petition is filed in compliance with the provisions of the New Mexico Probate Code, specifically [relevant code sections]. [Description of the Estate] The estate belonging to [Deceased's Full Name] consists of various assets, including but not limited to: 1. Real Property: — [Address and description of real property] — [Address and description of real property] — [Address and description of real property] 2. Personal Property: — [List of personal property assets, such as vehicles, jewelry, furniture, etc.] 3. Financial Assets: — [List of bank accounts, stocks, bonds, and other financial assets] 4. Business Interests: — [Description of any business interests owned by the deceased] 5. Other Assets: — [Description of any other assets belonging to the estate] [Payment of Debts and Expenses] As the personal representative, I have carefully accounted for the estate's debts, expenses, and taxes. All legitimate obligations have been paid, including funeral expenses, outstanding bills, taxes, and attorney fees. I have attached an itemized list of all payments made from the estate's funds for your reference. [Distribution to Beneficiaries] The distribution of assets in accordance with the deceased's will/intestate succession laws has been completed. All beneficiaries have received their respective shares. I have attached a detailed distribution schedule outlining the assets and their allocation to each beneficiary. [Other Relief Sought] In addition to the petition for the closure of the estate, I am also seeking the following relief from the court: 1. Approval of the final account: I request the court's approval of the final account, confirming the accurate record keeping and proper distribution of assets. 2. Discharge as personal representative: I request to be discharged from my duties and responsibilities as the personal representative of the estate upon the court's approval of the closure. 3. Authorization to destroy or return documents: I seek permission to destroy or return any remaining documents or files related to the estate, as per the legal requirements. 4. Any other relief deemed necessary by the court: I defer to the court's discretion to grant any additional relief deemed appropriate and necessary for the orderly closing of the estate. [Conclusion] I have diligently carried out my duties as the personal representative of the estate of [Deceased's Full Name], ensuring the timely administration and distribution of assets. I have attached all necessary supporting documents, including the final account, distribution schedule, and proof of payment of debts and expenses. I kindly request the prompt consideration and approval of this petition to close the estate and grant the relief sought. Should the court require any further information or documentation, please do not hesitate to contact me. Thank you for your attention to this matter. Sincerely, [Your Name] [Your Title or Relationship to Deceased]
New Mexico Sample Letter for Execution of Petition to Close Estate and For Other Relief
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How to fill out New Mexico Sample Letter For Execution Of Petition To Close Estate And For Other Relief?
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Probate can be filed any time between 5 days and 3 years after the decedent's death. Note: A probate case may be filed after the 3 year period for the limited purpose of transferring title to real property from the decedent's name to the decedent's heirs.
Formal probate is best when there are disagreements concerning the will or appointing a personal representative. This may be chosen when the estate is complex. Informal probate is less time-consuming and done at a lower cost. This is a good option if the assets are straightforward and there are no disagreements.
Informal probate allows the estate to be probated through an administrative process without any court involvement and no court hearings. The estate is opened by an application and can be opened the day that the application is filed, or within a few days.
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.
If you live outside of New Mexico but own real estate in the state, the ancillary Probate process provides a way to transfer the property in an expedient and cost-effective manner if you have an open Probate in another state.
Formal proceedings are those conducted before the District Court with notice to interested parties. Informal proceedings are those conducted without prior notice to interested persons by an officer of the court acting as registrar for probate of will or appointment of personal representative.
In an informal probate, beneficiaries are notified after a personal representative has been named. Informal probate is best used when heirs get along and you have no reason to think there will be any future conflicts.
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.
