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New Mexico Small Estate Affidavit Form

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The New Mexico small estate affidavit is for use by a successor of a person who died with $50,000 or less in asset value held in his or her sole name at time of death. It allows for a simplified method of dealing with collecting the property of the decedent without having to go to court to obtain permission. In order to use this form, at least 30 days must have elapsed since the person died, and there is no probate administration commenced or pending in any jurisdiction. IN addition, the person using the form must be a successor and entitled to the property he or she seeks to collect. Once the form is properly executed and filled out and you have attached a certified death certificate, you can use the form to request third parties to turn over decedent’s property to you.

Maximum – $50,000

Laws – Section 45-3-1201

How to Write

Step 1 – Write in the name of the decedent at the top and then write in your name.

Step 2 – In Sections 1 and 2, write in your addresses as directed.

Step 3 – Write in the name of all successors, their relationships to the decedent and their addresses. In addition, write in the share of the property they are entitled to.

Step 4 – Write in the name of the decedent and the date of death.

Step 5 – Attach a certified death certificate.

Step 6 – Sign and date in front of a notary public.


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