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Probate in New Mexico

Our Experienced Attorneys Take You Through the New Mexico Probate Process 

The New Mexico probate process is fairly simple in comparison to the process in some other states. In fact, not every estate needs to go through probate. Estates valued at $50,000 or less can avoid probate in some instances. You can also avoid probate if all property transfers automatically on death, or if the assets are placed in a living trust prior to death. If you aren’t sure whether your estate requires the probate process, contact one of our experienced attorneys. 

If probate is required, the person named to act as personal representative (executor) will be appointed by the court to settle the estate. This person will have the authority to identify and collect all assets, resolve all debts, provide an inventory and accounting to the beneficiaries, and distribute the remaining assets according to the terms of the will.  

If a will or the disposition of an estate is contested, the probate process cannot be completed until a judge resolves the dispute. These proceedings are highly complex and can take up to two to three years in some cases. You should never try to settle a contested probate without an attorney. If you find yourself in a contested matter, our New Mexico probate attorneys are here to assist you. 

How to Settle an Estate Without a Will in New Mexico 

If your loved one didn’t leave a will behind, the probate process is generally the same as if there was a will, with two exceptions—state law determines who has priority to act as personal representative, and state law determines how the estate is distributed at its conclusion. Since intestate (without a will) distribution is very fact-specific and intestate proceedings are more likely to be contested, an attorney’s assistance may be invaluable.  

Whether there is a will or not, you should consider having one of our New Mexico probate attorneys represent you from the initial filing. We may be able to take measures to move your case through probate faster than you can on your own, and if the estate disposition is contested, you will already have an attorney familiar with your case. Our goal is always to get you through the probate process as efficiently and painlessly as possible.  Contact one of our experienced attorneys today at 575-339-2100.

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