New Mexico Sample Letter for Initiate Probate Proceedings regarding Estate - Renunciation of Executorship
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How to fill out Sample Letter For Initiate Probate Proceedings Regarding Estate - Renunciation Of Executorship?
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FAQ
Family Allowance Probate Laws The family allowance provides up to $30,000 of the decedent's estate (NM Statutes §45-2-402) to the surviving spouse. If there is no surviving spouse, then the $30,000 will be divided evenly amongst any minor, dependent children.
When is it required for my Will to be probated through Court? 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 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.
OPENING A PROBATE CASE Submit an original death certificate and the Application, Order, Acceptance and Letters Testamentary/Letters of Administration. Submit at least one set of copies for the court to endorse stamp (the court keeps the original documents submitted to the court) or a fee for copies.
If an estate is simple and uncontested, probate attorney fees in New Mexico can range from $3,000 - $5,000 in total. As things get more complicated, legal fees will adjust ingly.
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.
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.
