4B-012 Explanation of forms and how to complete; specific steps if no will has been found.

• Legal Form Number: 4B-012
• Date: 01 January 2010
• Section: New Mexico Probate Court Forms (2010 Edition)

A. Step 1. Start the process and have the court appoint you as personal representative. In order to begin the probate process, you must file the following forms in the probate court in the county where the deceased person lived, or where that person owned property. For Step 1 you will need to use Probate Forms 4B-101, 4B-103, 4B-105 and 4B-106 NMRA

(1) Probate Form 4B-101 NMRA Application for Informal Appointment of Personal Representative; No Will ("Application") (See Sections 45-3-203 and 45-3-301 NMSA 1978). This form generally shows the judge that:

(a) the case is ready to be probated;

(b) the case is appropriate for probate court; and

(c) you are the appropriate person to act as personal representative.

Before you file the application, Probate Form 4B-101 NMRA, you must go to the district court in the district where the deceased person lived and ask if anyone has filed a demand for notice If someone has filed a demand for notice, that person is entitled to get a copy of all documents you file in the case, including the application and all orders signed by the judge If you were married to the deceased person and are not disqualified to act as personal representative, you have the first priority to act as personal representative. If you were not married to the deceased person and you are not an heir or are not the only heir, each of the other heirs must consent to your appointment as personal representative. For example, if you have two brothers, your mother is no longer living and you want to probate your father's estate, each of your brothers must sign the consent section of the application, Probate Form 4B-101 NMRA If any of the heirs object to your appointment as personal representative, a formal proceeding is required. (See Section 45-5- 205 NMSA 1978.) If a formal proceeding is required you may not use these forms and should seek the advice of an attorney

(2) Probate Form 4B-103 NMRA, Order of Informal Appointment of Personal Representative (No Will). You must submit the Probate Form 4B-103 NMRA, Order of Informal Appointment of Personal Representative (No Will), for the judge's consideration. If the judge approves the application, the judge will sign this order. (See Section 45-3-308 NMSA 1978.) The Order of Informal Appointment of Personal Representative (No Will):

(a) appoints you as the personal representative; and

(b) allows the probate to begin once you have accepted your appointment.

(3) Probate Form 4B-105 NMRA, Acceptance of...