New Mexico Small Estate Affidavit Form

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Updated May 25, 2022

A New Mexico small estate affidavit is a method of collecting the property of someone who died that is usually faster than the traditional methods of estate administration. It is available whether or not the decedent, the person who died, had a will. However, it is only available for estates with a value below the state-established maximum. It also may not be used to transfer real property, meaning land or any fixtures on it.

Laws

How to File (4 steps)

Step 1 – Wait 30 Days

The person who files the affidavit is known as the affiant. The affiant must wait at least thirty (30) days from the date of 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 in which the decedent was a resident at the time of death, using this Court Locator.

Step 2 – Inventory Estate

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

Step 3 – Fill out the Affidavit

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.

Step 4 – Collect the Assets

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, then it’s recommended to request proof that ownership of the item is no longer registered in the former holder’s books.

(Video) New Mexico Small Estate Affidavits Explained

How to Write

Download: Adobe PDF

(1) New Mexico Decedent. The name of the New Mexico Decedent, the Deceased, should introduce this document. Present it on the first line.

(2) New Mexico Affiant.  The Affiant for the New Mexico Decedent’s estate must be identified. The New Mexico Affiant, otherwise known as the Petitioner, will need to have his or her full name presented to the statement made. It will be assumed that the Preparer of this document and the Affiant are one and the same.

(3) New Mexico Petitioner Post Office Address. If you (as the Petitioner) have a mailing address that is separate from your residential address, then dispense this information in the first article of this petition.

(4) New Mexico Petitioner Residential Address. Produce the full address of your residence or home.

(5) Successor(s) To The New Jersey Decedent. You must not only identify yourself as the Successor to the New Mexico Decedent’s property but are required to name all other Successors. Furnish the name of each New Mexico Decedent Successor and the relationship held with the New Mexico Decedent in the first column of the third article.

(6) Successor Address.

(7) Estate Share Designated To  Each Successor. The percentage or portion of the New Jersey Decedent’s estate that each Successor is entitled to must be defined in the third column.

(8) New Jersey Decedent’s Full Name. Complete the declaration made in the fourth article by presenting the full name of the New Jersey Decedent to its content.

(9) Date Of Decedent’s Death. Locate the date of death noting when the New Jersey Decedent passed away (on his or her death certificate) then transcribe it to the space provided in the fifth article.

(10) Signature Of New Mexico Affiant. You must sign the completed document as the New Mexico Affiant. This act must be completed before an actively licensed Notary Public.

(11) Notary Public. The process of notarization can only be completed by a Notary Public that is recognized by the State of New Mexico and will be demonstrated in the final section.