4B-011 General instructions for probates when there is no will.
Legal Form Number | 4B-011 |
Date | 01 January 2010 |
Section | New Mexico Probate Court Forms (2010 Edition) |
A. Determine if there is a will. First, determine whether the deceased person had a will or not. Different probate forms are used if there is a will (and the person died "testate") and if there is not a will (and the person died "intestate"). This set of instructions should be used if you have not been able to find a will signed by the deceased person.
B. Overview of steps. There are essentially six steps to an informal probate:
(1) start the process and have the court appoint you as personal representative;
(2) send out notice that you have been appointed as personal representative and that a probate action is in process;
(3) notify creditors that you are in the process of probating the estate. To do this you must send a notice to creditors of whom you are aware. In addition, if you want to shorten the time period that unknown creditors have to make claims, you may publish a notice in the newspaper. You must notify the creditors that you know of and may publish a notice in the newspaper;
(4) gather and list the assets of the estate;
(5) determine the debts of the estate and pay the valid ones. Distribute the remaining assets of the estate to the decedent's heirs; and
(6) close the estate and probate action.
C. Completion and filing of forms.
(1) Print or type information. Please print or type the information on all forms. You will want to keep copies of all...
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Request your trial- New Mexico Probate Court Forms
- New Mexico Probate Court Forms (2010 Edition)
- 4B-001 Probate court forms; short title; limited purpose of forms; cautions regarding use of
- 4B-002 Probate definitions.
- 4B-003 General instructions for probate forms.
- 4B-011 General instructions for probates when there is no will.
- 4B-012 Explanation of forms and how to complete; specific steps if no will has been found.
- 4B-021 General instructions for probates when there is a will.
- 4B-022 Explanation of forms and how to complete; specific steps to probate a will.
- 4B-101 Application for informal appointment of personal representative (no will).
- 4B-102 Application for informal probate of will and for appointment of personal representative.
- 4B-103 Order of informal appointment of personal representative (no will).
- 4B-104 Order of informal probate of will and appointment of personal representative (will).
- 4B-105 Acceptance of appointment as personal representative (will) (no will).
- 4B-106 Letters of administration (no will).
- 4B-107 Letters testamentary (will).
- 4B-201 Notice of informal appointment of personal representative.
- 4B-202 Proof of notice.
- 4B-301 Notice to known creditors.
- 4B-302 Notice to creditors.
- 4B-401 Inventory.
- 4B-501 Accounting.
- 4B-502 Verified statement of the personal representative.
- 4B-503 Application for certificate of full administration.
- 4B-504 Certificate of full administration and release of property lien.
- 4B-601 Affidavit of poverty and indigency.
- 4B-602 Order allowing free process.
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