NM risk area
Probate risk in New Mexico
Court-supervised estate process, timing, cost exposure, and public record requirements.
New Mexico allows collection of personal property by affidavit 30 days after death when the estate is within a statutory cap and no personal representative is pending.
How long does probate typically take here?What costs and fees should families expect?What becomes public during probate?
At a glance
Key takeaways
- The estate value must be $50,000 or less, net of liens and encumbrances.
- At least 30 days must pass after death before using the affidavit.
- No personal representative can be pending or appointed in any jurisdiction.
- The affidavit cannot be used to transfer real estate.
Questions to consider
Questions this risk area helps you evaluate in New Mexico
- How long does probate typically take here?
- What costs and fees should families expect?
- What becomes public during probate?
State overview
New Mexico allows collection of personal property by affidavit 30 days after death when the estate is within a statutory cap and no personal representative is pending.
- The estate value must be $50,000 or less, net of liens and encumbrances.
- At least 30 days must pass after death before using the affidavit.
- No personal representative can be pending or appointed in any jurisdiction.
- The affidavit cannot be used to transfer real estate.
- The affidavit authorizes successors to collect personal property without a court-appointed representative.
Sources
Risk sources
- Uniform Probate Code (2019) - Probate of wills and administration
Article III covers appointment, notices, creditor claims, and small-estate collection (Section 3-1201).
National sources provide baseline context; state statutes and court rules control in New Mexico.