4B-003 General instructions for probate forms.

• Legal Form Number: 4B-003
• Date: 01 January 2013
• Section: New Mexico Probate Court Forms (2013 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...