The person who files the affidavit is known as the affiant. The affiant must wait at least 30 days from the decedent’s death before filling out the affidavit. During this time, it’s advisable to verify that there is no pending application to appoint a personal representative for the estate, which would disallow the affidavit process. Consult with the probate court for the county where the decedent was a resident at the time of death using this Court Locator.

A list of all personal property in the estate will help verify that its total value is less than $50,000 and that it is eligible for the process. It will also be used for the affidavit itself.

Anyone with a right to the decedent’s property may serve as an affiant. Distribution should be determined by the decedent’s will, if there was one, or if the decedent died intestate, by New Mexico’s intestate succession rules. The affidavit must be filled out in the presence of a notary public.

Once notarized, the affidavit gives the holder the legal right to collect the decedent’s property from the person or entity holding it. If the item being transferred is a security, it’s recommended that proof be requested that ownership of the item is no longer registered in the former holder’s books.