RULE 4B-301 Application for informal appointment of personal representative (no will)

• Legal Form Number: RULE 4B-301
• Date: 01 January 2021
• Section: Article 3 Commencement of a Probate Proceeding (Rule 4B-301 to Rule 4B-307)

RULE 4B-301. Application for informal appointment of personal representative (no will)

[For use with Rule 1B-304 NMRA]

STATE OF NEW MEXICO

IN THE PROBATE COURT

__________________ COUNTY

IN THE MATTER OF THE ESTATE OF

No. __________

__________________, DECEASED.

APPLICATION FOR INFORMAL

APPOINTMENT OF PERSONAL REPRESENTATIVE

(NO WILL)¹

I, ____________________, state that

1. I had the following relationship with ____________________, the person who died (the decedent), that qualifies me to act as personal representative of the estate of the decedent¹:

(Choose one)

(Review the priorities for appointment set out in Section 45-3-203(A) NMSA 1978 and Rule 1B-304 NMRA.)

[] I am the surviving spouse of the decedent.

[] I am one of the heirs of the estate of the decedent.

[] I am an interested person, including a creditor of the decedent, and forty-five (45) days have elapsed since the date of death of the decedent.

Because of this relationship, I have an interest in the estate of the decedent, and I am willing to serve as personal representative of the estate of the decedent. I am not disqualified to act as personal representative. I do not know of anyone else who is interested in serving as personal representative who has priority to serve.

(Check if applicable)

[] Anyone who has equal or higher priority to serve has consented below to my appointment by signing this form.

2. The decedent died on _________________ (date), at the age of _____ . At death, the decedent (Choose one)

[] lived in _________ County, New Mexico.

[] did not live in New Mexico, but lived in _____________ County, State of _____________ and owned property in _____________ County, New Mexico.

3. I have carefully searched for all of the names and addresses of the decedent's spouse, children, and other heirs [including myself].² I have discovered the following information:

Name	Address	Relationship to Decedent	Age (if minor)
________________________	_______________________	________________	________________
________________________	_______________________	________________	________________

4. I have looked carefully and thoroughly for a will of the decedent and did not find one. I believe that the...