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What is Probate in New Mexico? (Stage 1 of 3) #Probate



Hi there, I am Probate Attorney Ryan Sise, the owner and lead attorney at the Sise Law Firm. And I am proud to say our law firm was selected by as the “2022’s Best Probate Law Firm in Albuquerque New Mexico”.  We don’t do other types of law, all we do is Probate, and we do it well.

As a Probate lawyer, I always get asks the same questions from a potential client during our phone consultation. The potential client really wants to know “what to expect” or “what are the first steps to get Probate started?” and “what is Probate in New Mexico”?

What is Probate?

Probate is the judicial process whereby a will is “proved” in a court of law and accepted as a valid public document that is the true last testament of the person that died, or whereby the estate is settled according to the laws of intestacy in the state of residence of the deceased at time of death in the absence of a legal will.

What happens if they died with a will?

Here, in a will style probate, the potential client will file an application to become the personal representative. Even if a person was named in the will to be the personal representative, they are not the personal representative until the court says so. Lastly, all heirs have to consent to you being the Personal representative. If not, other heirs have the opportunity to challenge your appointment to the position.

What happens if they died without a will?

Here, in a no will style Probate, the potential client will file an application to become the personal representative. The Judge will review the person who is requesting to be appointed to be the personal representative of the estate. The procedure is accomplished by successfully completing a Personal Representative application and all other required documents to be filed with the court.

Either way, a new client will have to file with the court 5 required elements of a Probate application.

  • The required court documents
  • The original Death Certificate
  • The Court filing fee
  • A photocopy of your Driver’s license
  • The original Will (if there is one)

From here, the court staff will make sure nothing is missing. If an element is missing this will cause delays, and if it must be post mailed back for the error to be corrected this can cause weeks of delays. Therefore, it is very smart to work with a Probate lawyer in order to avoid timely delays and make sure your application is swiftly approved.

Once the court staff has verified all elements are present, they will give it to the judge for their review of the documents. The Judge will make sure all documents are valid, and the will is, indeed, the true intentions and the last testament of the person who passed away. Do all heirs consent to the applicant becoming the Personal representative of the Estate? A long with other legal considerations. Finally, if approved the court will return the application, and you have successfully been appointed as the Personal representative of the Estate.

With the court’s approval, you may have access to bank accounts, talk to real estate agents if you wish to sell the home, basically you can start doing the duties of the personal representative of the Estate.

If you want to learn more, feel free to book a time to talk on our website or call us to set up your free consultation at (505)302-5456.

Take Care,

Attorney Ryan Sise

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