Las Cruces Probate Lawyer

Most people spend very little time dealing with court procedures. Yet, you may end up having to if you are named as someone’s personal representative in a will. If you are feeling overwhelmed, have questions about the legal process, or could face litigation in connection with the estate, know that you can always seek help from a Las Cruces probate lawyer. They can provide a one-time consultation or help you through the entire process, depending on what services you need.

There are some fairly complicated duties and strict time limits associated with the probate process in New Mexico. For example, once you have been formally appointed as personal representative of an estate, you have just 30 days to send a notice of your appointment and a copy of the will to all heirs, as well as all other parties who filed a demand for notice. Keeping up with obligations like these on top of your daily routine can be extremely demanding — and that’s without even considering the effort needed to handle something like a will contest.

Let New Mexico Financial Law alleviate the burden by providing you with a Las Cruces probate lawyer. We can offer you guidance on specific areas of estate administration, and we can help represent the estate in situations like a contested will.

Schedule a no-obligation appointment with a Las Cruces probate attorney when you call our firm at (505) 503-1637 or contact us online.

What Is Probate? How Does It Usually Work in Doña Ana County?

“Probate” is the name for the legal process of handling the final legal and financial matters related to the estate of someone who has recently passed. The person who has died is known as the “decedent,” and the person charged with handling their affairs is their “personal representative.” This person may also be referred to as an executor or an estate administrator.

The “estate” that is being handled is another name for all of the property owned under the decedent’s name at the time of their death. Not every piece of property they own enters into their probated estate, though. See the section titled “What Assets Have to Go Through Las Cruces Probate?” for more information.

The Steps of Probate for Doña Ana County

The typical process for an informally probated estate in Doña Ana County is as follows:

1. Someone (usually the individual selected as the personal representative) submits an application to begin probate in Doña Ana County, along with a copy of the will, if one is available.
2. The probate court recognizes the appointment of a personal representative, issues an order to probate the will, and issues letters testamentary, giving the representative the authority to handle the estate.
3. The personal representative has to notify all heirs and all parties who have filed a notice for demand of their appointment within 30 days, and give them a copy of the will.
4. The personal representative notifies any known creditors by contacting them directly, filing public notice, or both.
5. The personal representative must perform a complete inventory of the estate, including debts, along with a valuation of its assets, within 90 days of their appointment.
6. If there is a surviving spouse or there are surviving dependent children of the decedent, then the personal representative pays out the $30,000 family allowance along with the $15,000 personal property allowance (unless the will provides otherwise; see NM Stat §§ 45-2-402; 45-2-403 for more information).
7. The personal representative pays for all reasonable, appropriate, and necessary estate administration costs.
8. The personal representative pays all valid, known creditor claims and taxes while disputing any claims they feel do not genuinely apply to the estate.
9. The personal representative performs a final accounting of the estate, documenting all paid claims, administrative expenses, and other distributions made from the estate.
10. After the personal representative is confident that there are no unpaid legitimate claims, they are able to distribute assets to heirs.
11. The personal representative closes probate once all property has been distributed, ending their legal authority over the estate.

Who Can Apply for Probate?

Technically speaking, anyone can apply to open probate proceedings. However, the court gives priority to the following parties:

• The person nominated by the decedent in their will
• The surviving spouse of the decedent
• An heir listed in the will
• Other heirs of the estate

If none of these parties come forward within 45 days, then a creditor of the decedent or another interested party can come forward to submit the application for probate.

Who Can Serve as the Personal Representative of the Estate During Las Cruces Probate?

As part of the probate process, the court considers who should serve as the personal representative of the estate. They will appoint an individual in the following order of priority:

1. Someone nominated in the decedent’s will
2. The surviving spouse of the decedent
3. Heirs listed in the will
4. A creditor to the estate, if at least 45 days have passed since the decedent died
5. If none of these parties come forward or are available, any “qualified person” (NM Stat § 45-3-203)

A person cannot “jump ahead” in line of priority over someone else without the other party’s explicit permission. The eligible party with higher priority has to waive their right to serve as personal representative and acknowledge that the party seeking appointment is acceptable.

What Is a Will Contest? How Can a Las Cruces Probate Attorney Help If One Occurs?

Sometimes, a party might come forward to contest the will that was submitted to probate. Will contests can be submitted on the following legal grounds:

• The submitted will was not validly executed
• Another, unrevoked will should have been used instead of the submitted will
• The decedent did not have the mental capacity to validly execute their will
• The submitted will was created as a product of undue influence, fraud, duress, or other extraordinary circumstance.

Estates with contested wills are not eligible for the informal probate process. Instead of being filed in the Doña Ana County probate court, they must be handled through the district court.

Managing a will contest case can be extremely difficult. Seemingly insignificant technical details can impact the validity of the will. There are also extensive state, federal, and case laws to be aware of. As such, it is advisable to seek representation from a Las Cruces probate lawyer who can assist with building a defense of the submitted will.

Keep in mind that the personal representative has a legal duty to defend the estate against such claims. Failing to make reasonable efforts to mount a competent defense could make the personal representative liable to heirs and other interested parties. As such, they should strongly consider reaching out to an experienced New Mexico probate lawyer when there is a will contest or other claim against the estate. 

A Las Cruces probate attorney can investigate the details of your case, review the will, examine the circumstances of the will’s creation, and weigh the merits of the contest. They can then help you form a strategy to defend the legitimacy of the will, with the aim of preventing the contest from succeeding.

Paying Estate Taxes and Other Debts Owed by the Estate

Before any heirs can receive their property from the estate, the personal representative must resolve all debt claims.

One common source of debt that must be paid includes the income taxes owed by the decedent for their last year of filing. The decedent may also have owed back taxes. The personal representative is obligated to look into these matters to verify that all relevant taxes are paid.

Estate taxes may be owed if the decedent was an ultra-high-net-worth individual who did not take advantage of extensive probate avoidance strategies with the help of an estate planning lawyer in Las Cruces. Estates that go through probate in 2025 that have a value of $13.99 million or more must file an estate tax return and pay appropriate taxes. The estate technically has just nine months after the decedent’s death to file this return, although they can request an extension.

In addition to taxes, the personal representative must pay or dispute the claims of other creditors. They must take reasonable efforts to identify these debts. If they are unsure if all debts have been identified, it may be advisable for them to wait a year or longer before closing probate. They can also speak with a Las Cruces probate lawyer to evaluate the validity of claims and dispute them, as they feel is appropriate.

What if the Estate Can’t Afford to Pay off All Its Debts?

The personal representative has an obligation to pay off as many debts as they can using all assets available in the estate. They may need to liquidate (i.e., sell) some non-liquid assets in order to cover the full cost of claims.

It is possible for funds in the estate to be fully depleted before all creditor claims can be paid. In these cases, the personal representative must seek to cover claims and expenses in the following order of priority (see NM Stat § 45-3-805):

1. The family and personal property allowance, if it applies.
2. Estate administration expenses, including compensation for the personal representative’s services and the services of any professionals they hired, such as a Las Cruces probate lawyer.
3. Reasonable expenses for handling the remains of the decedent and providing a memorial service.
4. Debts, taxes, and other financial obligations arising as a result of federal laws
5. The cost of medical services provided to the decedent in their “last illness,” including compensating any personnel who attended to them.
6. Debts, taxes, and other financial obligations arising as a result of New Mexico, Doña Ana County, or Las Cruces laws.
7. All remaining claims not falling under the categories listed above.

As a personal representative, you may be expected to make some tough decisions regarding paying off the debts of an estate. You may encounter heirs and other interested parties who are upset at the results of your decisions. As such, strongly consider reaching out to a Las Cruces probate law firm for guidance when there is an estate that has significant debts, financial issues, or other lingering questions about covering all expenses.

What Happens if There Is No Will? What Are Intestate Succession Laws for Las Cruces Probate?

For estates where a valid will cannot be located, the personal representative still follows most of the steps of probate outlined above. However, inheritance law in New Mexico automatically determines who the final heirs to the estate are.

With an intestate estate, only a few people (possibly even just one) can inherit property from the estate. The law determines who is eligible by looking at the first category of party available from the list below:

• If there is a surviving spouse and surviving children (or other direct descendants), the surviving spouse inherits all community property and ¼ of the decedent’s separate property, with the children inheriting the remaining ¾ of the separate property, split evenly among them
• If there is a surviving spouse but no descendants, the spouse inherits everything
• If there are children or other direct descendants, they will inherit everything, split equally among them

If the decedent did not leave behind a surviving spouse or children, then the following people may end up inheriting their estate:

• Parents
• Siblings
• Grandparents
• Other next-of-kin

The court and personal representative must make every reasonable effort to identify an appropriate party to receive the estate. If you are struggling as a personal representative with determining who should inherit an estate that is intestate, reach out to a Las Cruces probate attorney for guidance.

Assets That Skip Probate in New Mexico

Not every asset held under the decedent’s name technically needs to go through probate. Instead, the asset is allowed to transfer to the appropriate beneficiary or other party automatically, in certain cases. These types of non-probated assets include:

• Accounts with a named beneficiary, a transfer-on-death designation, or a payable-on-death designation
• Property placed into a living trust during the decedent’s lifetime
• Insurance proceeds with a named beneficiary other than the decedent, including life insurance
• Community property owned jointly with a current spouse
• Property titled with a joint tenancy with right of survivorship (JTWROS) deed

In addition, some small estates that contain no real property and have a total value of less than $50,000 can transfer property through a small estate affidavit. To use this process, the person entitled to receive the property must wait 30 days, then file an Affidavit of Successor in Interest.

A surviving spouse not listed on the title of a primary residence can also inherit the home outside of probate if they wait six months and no probate is filed on the estate, so long as the home is valued at $500,000 or less.

Work With an Experienced and Dedicated Las Cruces Probate Law Firm

If you need assistance with fulfilling your fiduciary duties as the personal representative of an estate, or if you have any other probate or estate-related legal questions, do not hesitate to reach out to our Las Cruces probate law firm. We can schedule an appointment to discuss your concerns and provide personalized assistance. 

When you come to our firm, you can expect the help of a dedicated, empathetic, and passionate Las Cruces probate lawyer. Book your appointment with an experienced attorney today when you call our Las Cruces probate law firm at (505) 503-1637 or contact us online.