New Mexico Affidavit as to Heirship of (Name of Person), Deceased (With Corroborating Affidavit)
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How to fill out Affidavit As To Heirship Of (Name Of Person), Deceased (With Corroborating Affidavit)?
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FAQ
PROBATE IS THE COURT PROCESS TO OBTAIN THE LEGAL AUTHORITY TO ACT ON BEHALF OF THE ESTATE OF A PERSON WHO HAS DIED (DECEDENT). 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 Affidavit for Collection of Personal Property of the Decedent (as it's referred to in New Mexico) can only be used for small estates with a total value not exceeding $50,000 ( not including liens and encumbrances).
The New Mexico probate process is fairly simple in comparison to the process in some other states. In fact, not every estate needs to go through probate. Estates valued at $50,000 or less can avoid probate in some instances.
When there is no will, New Mexico distributes a decedent's property based on heirship: Surviving spouse and children ? In this situation, the spouse receives all communal property and a quarter of the decedent's separate property. The remaining separate property is split among surviving children.
Where do you file an affidavit of heirship? An affidavit of heirship must be filed with the real property records in the county where the land is located. Call the county clerk and ask how much their filing fees are. The filing fees vary from county to county.
In New Mexico, if the total value of the estate exceeds $50,000 the will must go through the Court to be probate.
To avoid probate, you would establish a trust during your life so that the trust would govern your assets at the time of your death, rather than requiring probate. One reason you may want to set up a trust during your life would be for administrative ease if you own property in more than one county or state.
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.