4B-003 General instructions for probate forms.

• Legal Form Number: 4B-003
• Date: 01 January 2010
• Section: New Mexico Probate Court Forms (2010 Edition)

A. The different types of probate cases

(1) Routine simple cases. These forms are intended for routine probates. If you run into a problem or the estate you are probating is not routine, it is best to seek the advice of an attorney.

(2) Cases that do not need to be probated. Certain estates that are worth less than thirty thousand dollars ($30,000) (forty-five thousand dollars ($45,000) in some cases) and that have no real property (usually land) may not need to be probated at all and can be done in a less formal way. Also certain estates with a house worth under one-hundred thousand dollars ($100,000) that will pass to a surviving spouse also may not require a probate. (See Section 45-3-1201 NMSA 1978 and following sections.) If you believe that the estate you are working on might not need to be probated, please consult with an attorney. If the estate does not need to be probated, you may still need an attorney's help but may not need these forms.

(3) Difficult or complex cases. Certain estates contain difficult or complex issues that should be reviewed by an attorney with probate experience. An example of a difficult or complex case might be one in which there is real property (land) involved and deeds need to be drafted or a large estate that might have to file an estate tax return. It may not be appropriate to file in probate court or the probate action may require more forms than provided here.

B. Use of these forms. The Supreme Court has approved these forms for use in probate court by people who are representing themselves in the process. The forms serve a useful, but limited purpose. They will assist you in completing the paperwork necessary to complete most uncontested probate cases.

These forms are for use by people who are willing and qualified to act as a "personal representative". This is the person who will collect the assets of the estate, pay the debts of the estate and distribute the remaining assets. A personal representative is a fiduciary who has special obligations to the estate. The court holds a personal representative to a high legal standard. If you are willing to undertake this job, you should do it with extreme care, and caution and pay very careful attention to the necessary details. Because of the fiduciary role that you will be undertaking, it is a good idea to get the help you need from a lawyer experienced in probate.

You should fill out the forms carefully. Several of...