New Mexico Probate Lawyer

What is Probate?

Probate is the judicial process where a court validates a “will” as a valid document that is the true last testament of the person that died. It is also how the estate is settled according to New Mexico’s laws of intestacy in the absence of a legal will. No will, no problem. We can help!

What Happens When Someone with a Will Dies?

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. In addition, all heirs have to consent to you being the personal representative. If not, under New Mexico probate law, other heirs can challenge your appointment to the position.

What Happens if Someone Dies 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 time 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. The court will determine if all heirs consent to the applicant becoming the personal representative of the estate, along with addressing 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.

How to Keep the Family Home?

After a loved one dies, a lot of my clients worry about losing their family home. The first mistake to avoid is looking for an Albuquerque real estate lawyer for a free consultation because the property will then go to probate. Therefore, you need a probate lawyer and not a real estate lawyer if you want to keep the home in the family.

We Help Make the Probate Process Easier

Probate can be a confusing and time-consuming process, but you don’t have to take it on alone. If you want to learn more about how our firm can help you with the probate process in New Mexico, feel free to book a time to talk on our website or call us to set up your free consultation.

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