4B-022 Explanation of forms and how to complete; specific steps to probate a will.

• Legal Form Number: 4B-022
• Date: 01 January 2013
• Section: New Mexico Probate Court Forms (2013 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 use Probate Forms 4B-102 and 4B-104 NMRA, as appropriate.

(1) Probate Form 4B-102 NMRA, Application for Informal Appointment of Personal Representative (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-102 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, Probate Form 4B-102 NMRA and any orders the judge signs in the case.

If you are designated in the will to act as personal representative, you have the first priority to act as personal representative. If you are not the first person designated in the will or are not listed in the will to act as personal representative, each of the devisees must consent to your appointment as personal representative. For example, if you are the second person listed to act as personal representative but every one listed in the will wants you to act as personal representative, each person with a higher priority to serve as personal representative must sign the consent section of the application.

(2) Probate Form 4B-104 NMRA, Order of Informal Probate of Will and Appointment of Personal Representative (Will). You must submit the Probate Form 4B-104 NMRA, Order of Informal Probate of Will and Appointment of Personal Representative (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 Probate of Will and Appointment of Personal Representative:

(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 Appointment as Personal Representative (Will) (No Will). This form proves that you agree to follow the law when you act as...