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There is a range regarding how long it takes to settle an estate and several factors at play, including the asset value and complexity. Simple estates might be settled within six months. Complex estates, those with a lot of assets or assets that are complex or hard to value can take several years to settle.
Settling an estate, sometimes known as the probate process, is a crucial step in the distribution of a deceased individual's assets and property. In a perfect world, the short answer is this process should take between 6-9 months.
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. Read more at Section 45-3-108 NMSA 1978.
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.
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.
How long does Probate take? From start to finish, most New Mexico probates take about two years to complete. However, 90% of the work is usually done in the first five or six months of a probate, and most estates distribute assets within a year. Creditors have up to one year to make a claim.