What forms do I need as executor for my father's estate in New Mexico?

Full question:

Which form do I need to fill out as the executor (trustee) of my fathers estate for property in NM. I live in Michigan. In his will my brother and I inherit the property in New Mexico. What form and what documentation will I need to provide to Luna County and to which department in there goverment branch

• Category: Wills and Estates
• Subcategory: Probate
• Date: 04/07/2025
• State: New Mexico

Answer:

The form you need depends on several factors, including the property's value and the probate status. Generally, the sale of real property by an executor requires a Personal Representative's deed, especially if the transfer follows a court order in probate. If the property is solely in the decedent's name or held as tenants in common, a personal representative must be appointed by the court to act on behalf of the estate.

Probate court handles simple proceedings. If there are questions about heirs or property entitlement, you may need to file in District Court. If financing is needed, a sister could seek private lending or a loan from the estate, which may require probate court approval.

The personal representative (PR) appointed by the court can sell real property and transfer title using a Personal Representative's Deed. This deed must be prepared, signed, acknowledged by a notary, and recorded properly. Although not required, filing a copy of the deed with the court case file is advisable.

For property located in a different county in New Mexico than where probate was opened, the PR must record a Notice of Administration with the county clerk. This notice should include the decedent's name, probate caption and docket number, type of administration, court details, PR's information, and the property's legal description.

If the estate includes real property outside New Mexico, you may need to file a separate probate in that state, known as an ancillary probate. Contact the court in the state where the property is located for guidance.

If the decedent lived in another state but owned property in New Mexico, you can start a probate proceeding in New Mexico by filing a case in the county where the property is located. If probate has started in another state, you must obtain authority to act in New Mexico by filing a Proof of Authority or opening an ancillary probate.

Keep in mind that probate proceedings generally must begin within three years of the person's death, although there are exceptions for transferring estate property.

For more specific guidance, consulting an attorney is advisable.