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Trusted Attorney Guides You Through Informal Probate

Dedicated estate planning counsel in New Mexico

Some people choose to avoid the probate process altogether by using a trust. However, informal probate in New Mexico is a simplified version that requires no court hearing. At New Mexico Financial and Family, we listen carefully to your story and devise a sound plan of action to help you maneuver through probate as swiftly and cost-effectively as possible. At every turn, we seek to protect your interests and minimize conflicts to ensure probate commences smoothly.

New Mexico informal probate steps

In an informal probate, beneficiaries are notified after a personal representative has been named. Informal probate is best used when heirs get along and you have no reason to think there will be any future conflicts. These are the basic steps involved in the informal probate process:

      1. The will of the deceased names a personal representative or someone files an application with the local probate court to serve as the “personal representative.”
      2. Notice is sent out to heirs after the appointment of the personal representative and is often published in the local news media.
      3. Creditors are identified and paid.
      4. Property and assets are inventoried and appraised.
      5. Once bills and debts are paid, the remaining assets are distributed among beneficiaries.

Most probates are informal. We can assess your situation and determine if informal probate is right for you.

Issues that can complicate probate

A well-organized estate plan can greatly increase the chances of a straightforward probate process. However, probate can become challenging when the following issues exist:

      • Lack of personal representative named — One of the most important things a testator can do is to name a personal representative. This alone can significantly reduce the number of potential disputes that may arise. Without a personal representative named, beneficiaries may bicker and delay probate.
      • Will is outdated — An outdated will that fails to address life-events will almost certainly lead to some level of contention among heirs.
      • Conflicting property claims exist — When multiple heirs lay claim to the same property, sometimes the court’s assistance is needed to settle probate.

In many cases, ensuring a smooth probate lies in the hands of the testator. Whether you need counsel on a personal representative issue, or drafting a comprehensive estate plan for yourself, our legal team is ready to help you take the next step.

Contact informal probate lawyers in New Mexico

New Mexico Financial and Family provides personalized legal care for informal probate matters in Albuquerque  as well as through all of New Mexico. To speak to an experienced New Mexico probate lawyer today, call (505) 503-1637 or contact us online.

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