New Mexico Affidavit of Heirship for Small Estates
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How to fill out Affidavit Of Heirship For Small Estates?
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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.
Unlike the affidavit of heirship, the small estate affidavit only transfers the title of the decedent's homestead. Only a surviving spouse or minor child can inherit property through this affidavit type. The other types of the deceased person's real property cannot be transferred by submitting a small estate affidavit.
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.
TIMELINE. 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.
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.
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.
(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.)