New Mexico Affidavit Disclaiming Title by Tenant
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FAQ
Not every estate requires a probate proceeding. It often depends on how the decedent's assets were titledor whether someone needs other legal authority to act on behalf of the estate.
A deed transferring New Mexico real estate must be filed with the county clerk for the county where the real estate is located. New Mexico charges a flat fee of $25.00, payable to the county clerk, to record a deed.
An Affidavit for Collection of Personal Property of the Decedent can be used if the claimant verifies the following: The total value of the decedent's estate does not exceed $50,000, less liens and encumbrances. Thirty (30) days have passed since the decedent's death.
A Scrivener's-Error Affidavit may be used to correct a drafting or clerical errors in: (1) a legal description, such as omission of a word(s); (2) the name of a Subdivision; (3) plat recording information; (4) a metes & bounds description, if bearings or distances are omitted, but may not increase or decrease the land ...
(N.M. Stat. Ann. § 45-3-1201.) If your estate meets the requirements listed above, your inheritor can sign a simple document under oath, called a small estate affidavit or "affidavit for collection of personal property." (Here's a sample of a New Mexico small estate affidavit.)
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 order for a will to be considered valid, the following two conditions must be met: The testator must have the legal capacity to write and execute their own will. The testator must not have been the subject of undue influence, fraud, misrepresentation, coercion, etc.
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.
