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Trusted Attorney Guides You Through Informal Probate
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New Mexico informal probate steps
- 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.”
- Notice is sent out to heirs after the appointment of the personal representative and is often published in the local news media.
- Creditors are identified and paid.
- Property and assets are inventoried and appraised.
- 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
- 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- Will is outdated — An outdated will that fails to address life-events will almost certainly lead to some level of contention among heirs.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.