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A claim against an estate is a written request for the estate to pay money that the decedent owed.
The notice states the name of the decedent, the title and docket number of the administration proceedings, a description of the type of administration, the court where the administration is commenced, the personal representative's name, title, and address, and a complete legal description of the real property.
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.
File a written statement of claim with the appropriate court. Without filing a claim, a claimant may commence a proceeding against the personal representative in the appropriate court within the time limit set out in the law.
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 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.
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.
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.