Updated October 20, 2023
A New Mexico small estate affidavit is a method of collecting the property of someone who died that is usually faster than the traditional methods of estate administration. It is available whether or not the decedent, the person who died, had a will. However, it is only available for estates with a value below the state-established maximum. It also may not be used to transfer real property, meaning land or any fixtures on it.
Laws
- Days After Death – Thirty (30) days must have elapsed since the decedent’s death. (N.M.S.A. § 45-3-1201(A)(2))
- Maximum Amount ($) – The value of the entire estate, less liens and encumbrances, may not exceed $50,000. (N.M.S.A. § 45-3-1201(A)(1))
- Signing Requirements – The form should be signed before a notary public.
- Statutes – Uniform Probate Code, Article 3, Part 12 (Collection of Personal Property by Affidavit and Summary Administration Procedure for Small Estates)
How to File (4 steps)
1. Wait 30 Days
3. Fill out the Affidavit
4. Collect the Assets
Video
How to Write
Download: PDF
(1) New Mexico Decedent. The name of the New Mexico Decedent, the Deceased, should introduce this document. Present it on the first line.
(2) New Mexico Affiant. The Affiant for the New Mexico Decedent’s estate must be identified. The New Mexico Affiant, otherwise known as the Petitioner, will need to have his or her full name presented to the statement made. It will be assumed that the Preparer of this document and the Affiant are one and the same.
(3) New Mexico Petitioner Post Office Address. If you (as the Petitioner) have a mailing address that is separate from your residential address, then dispense this information in the first article of this petition.
(4) New Mexico Petitioner Residential Address. Produce the full address of your residence or home.
(5) Successor(s) To The New Mexico Decedent. You must not only identify yourself as the Successor to the New Mexico Decedent’s property but are required to name all other Successors. Furnish the name of each New Mexico Decedent Successor and the relationship held with the New Mexico Decedent in the first column of the third article.
(6) Successor Address.
(7) Estate Share Designated To Each Successor. The percentage or portion of the New Mexico Decedent’s estate that each Successor is entitled to must be defined in the third column.
(8) New Mexico Decedent’s Full Name. Complete the declaration made in the fourth article by presenting the full name of the New Mexico Decedent to its content.
(9) Date Of Decedent’s Death. Locate the date of death noting when the New Mexico Decedent passed away (on his or her death certificate) then transcribe it to the space provided in the fifth article.
(10) Signature Of New Mexico Affiant. You must sign the completed document as the New Mexico Affiant. This act must be completed before an actively licensed Notary Public.
(11) Notary Public. The process of notarization can only be completed by a Notary Public that is recognized by the State of New Mexico and will be demonstrated in the final section.