South Valley Probate Lawyer

When someone passes, their estate needs to go through probate, in most cases. The probate process ensures that all of the estate’s assets are accounted for. It’s also the opportunity for the estate to resolve any outstanding administrative expenses, creditor claims, and other financial and legal issues. Hiring a South Valley probate lawyer can smooth over this process and help an estate avoid unnecessary expenses, delays, or legal setbacks.

You can come to New Mexico Financial Law for assistance with every aspect of probate. We are happy to represent personal representatives (i.e., executors) of an estate. We have also worked with estate heirs, creditors, and other claimants who have concerns related to a decedent’s assets.

Find out more about how probate administration in New Mexico typically works, along with strategies you can use to minimize reductions to an estate’s value, during a confidential case review. Schedule your no-obligation consultation today when you call our firm at (505) 503-1637 or contact us online.

How a South Valley Probate Attorney Can Help

It is the personal representative’s responsibility to conduct all of the steps of probate and handle all other obligations for estate administration. They are allowed (and, in many cases, encouraged) to consult with outside parties during the process. These parties may include a South Valley probate lawyer, professional appraisers, accountants, and even heirs to the estate.

However, the personal representative should only follow impartial advice. They must strive to handle estate matters objectively, with the goal of benefitting the estate as a whole — including its heirs, creditors, and other interested parties.

Another factor to be aware of is that probate court employees cannot provide direct assistance for any of the personal representative’s duties. The Bernalillo County Probate Court even explicitly states that they cannot assist individuals with:

• Filling out forms
• Transferring property
• Making decisions about distributions
• Determining whether or not to pay a claim
• Determining when it is appropriate to close probate
• Handling disputes, including whether a case should proceed to formal probate
• Any other matters requiring legal advice

As such, they say that “it is highly recommended that you seek competent legal advice on any of these matters” [emphasis theirs]. Accordingly, it is frequently in the best interests of the personal representative and those they serve to consult with an attorney who offers probate services in South Valley.

Hiring a lawyer is especially recommended in cases that involve:

• Will disputes
• Adversarial claims against the estate
• Questions surrounding ownership and possession of property
• An insolvent estate (i.e., it cannot pay all of its debts or promised gifts)
• Extensive creditor claims or tax issues
• Substantial due diligence
• Disputes among heirs or other interested parties

New Mexico Financial Law is happy to provide guidance and advice at any point in the timeline. Accordingly, make sure to reach out to our South Valley probate law firm if you have questions, worries, or face any complications.

What Are the Steps of Probate in Bernalillo County?

Most probates will follow a predictable series of steps. (The only exceptions that may occur involve contested probate situations, which we will cover in greater detail in a section below.)

These steps of probate, as outlined by Bernalillo County’s Probate Court, are:

1. Submit the will and file an application for probate — The presumptive personal representative (PR) must identify the appropriate venue for probate. Then, they should submit an application to be appointed and probate the decedent’s will (if one is available).
2. Obtain letters testamentary — If the court accepts the application, it appoints a personal representative, issues an order to probate the will, and issues letters testamentary. These documents give the PR the authority to take possession of estate property and handle its affairs.
3. Send notice of appointment to appropriate parties — The PR is expected to send a notice of their appointment and a copy of the will within 30 days to all heirs, as well as to any parties who have filed a demand for notice.
4. Notify creditors (optional) — The PR can notify creditors using a public announcement, direct mail, or both. They also can choose to do neither (NM Stat § 45-3-801). However, they must make a good-faith effort to pay the estate’s debts. They could be held personally liable, otherwise, if they are found at-fault for a failure to do so (NM Stat § 45-3-808).
5. Perform an asset inventory and valuation — Within 90 days of their appointment, the personal representative must take a full inventory of all known, discoverable estate assets and debts. As part of this duty, they should obtain a formal appraisal from a qualified professional for any assets whose value could be “subject to reasonable doubt” (NM Stat § 45-3-707). This inventory does not need to be filed with the court, but it should be made available to materially interested parties upon request.
6. Pay the family allowance (if applicable) — Estates with a surviving spouse or dependent children likely require a family allowance payment of $30,000 (NM Stat § 45-2-402) and a personal property allowance of $15,000 (NM Stat § 45-2-403). This requirement may be waived by a provision in the decedent’s will, however.
7. Pay estate administration costs — The personal representative must resolve all outstanding costs directly impacting the estate before paying creditor claims and making property distributions to heirs. These costs can include funeral and burial, medical debt for treating the decedent’s “final illness,” the costs of obtaining legal representation and professional assistance, and compensation for their own services (NM Stat § 45-3-719).
8. Resolve creditor claims — The personal representative should evaluate all known and presented creditor claims on a case-by-case basis. They can pay the claim, negotiate a partial settlement, dispute the claim, or take other actions, based on their personal judgment. Hiring a South Valley probate attorney can help them determine the merits of each claim and use strategies to minimize the impact of claims upon the estate’s distribution value.
9. Prepare an Accounting of Administration — The PR must record a final accounting of estate administration costs, debts paid, and other relevant information. This accounting does not need to be filed with the court during informal probate, but it must be provided to heirs and parties who have filed a demand for notice.
10. Distribute assets to heirs — After all other obligations have been resolved, the PR is finally able to distribute estate gifts to heirs, in accordance with the decedent’s will.
11. Close probate — The PR has to verify that they have fulfilled all of their duties and obligations before formally requesting that probate be closed. Note that once probate is closed, they relinquish their authority over the estate and its assets.

What Happens If the Decedent Didn’t Have a Valid Will?

If someone failed to properly execute their will — or the only known copy of the will is declared invalid by a court for whatever reason — then their estate is considered “intestate.”

With an intestate estate, the courts decide who to appoint as personal representative. This representative must then follow strict state laws telling them how to distribute property to the decedent’s survivors.

Depending on the surviving family members of the decedent, intestate succession laws in South Valley require that the entirety of the estate’s property may need to be split among a specific category of relatives.

These parties may include the decedent’s:

• Surviving spouse
• Children
• Other descendants (e.g., grandchildren)
• Parents
• Siblings
• Grandparents
• Other next-of-kin

Determining the appropriate recipient of estate property can sometimes be difficult during an intestate probate. Accordingly, you may wish to refer to an experienced probate lawyer in New Mexico for assistance.

What Grounds Would Allow for a Will Contest?

The New Mexico Uniform Probate Code provides that an interested party can contest the validity of a will if they feel that it was:

• A fraudulent copy
• Improperly executed
• Made as a result of undue influence, manipulation, misrepresentation, duress, or other illegitimate conditions
• Not intended by the testator to be the probated will (e.g., they wanted to revoke the will and use a different one)

As part of the will validation process in New Mexico, witnesses may be called who can provide contextual information about the decedent, their estate planning arrangements, and their intentions for the disposition of their final estate. In these cases, the parties contesting wills always have the burden of proof to establish that the intended will should not be probated, either in part or in full (NM Stat § 45-3-407).

Other Types of Contested Probate

There may also be other disputes that arise during probate. A creditor or other claimant may sue the estate, often demanding repayment or the possession of a certain piece of property.

Someone may also have a complaint, or they could request an order or injunction directly involving the personal representative. If the personal representative fails in their duties, such as by improperly taking estate property, then they can be removed and also held liable for any damages they cause to the estate’s value (NM Stat § 45-3-618).

Situations like these are often difficult to resolve. Without a deep legal understanding of the issue at hand — as well as an effective resolution strategy — probate can be delayed for months or even years at a time. In the meantime, the estate could have its value severely diminished by litigation costs. On top of that, heirs must wait an indeterminate amount of time before they can receive their inheritance.

Any time there is a risk of a contested probate, you may wish to consult with a South Valley probate lawyer. They can provide you with guidance, reduce your time and effort spent directly handling case matters, and potentially speed up the timeline for probate to be resolved — getting the intended distributions into the rightful hands sooner.

Note, too, that the best method of resolving a contested probate is to prevent it in the first place. Accordingly, you may want to work with an estate planning lawyer in South Valley who can help you get your own affairs in order. This due diligence reduces your risk of a messy dispute, helping your loved ones get access to their inheritances with fewer expenses and delays.

What If the Decedent Owned Property Out-of-State?

A secondary probate procedure may be warranted in cases where the decedent owned substantial property outside of New Mexico. This is referred to as an “ancillary probate.”

Many times, these secondary probates can be resolved quickly, as the majority of the decedent’s estate is likely to be held in the state where they were domiciled. However, some estates are complex, with assets held in multiple other states and even abroad. In these cases, it is best to consult with a South Valley probate lawyer who can help you coordinate your efforts across state lines and seek to resolve any probate issues efficiently.

Who Can Be Personal Representative of an Estate in South Valley, NM?

It is the duty of the court to formally appoint a personal representative. When doing so, they will look to the appropriate party in the following order of priority:

1. The person nominated by the decedent in their will
2. The surviving spouse of the decedent
3. An heir listed in the will
4. An heir to the estate who is not listed in the will

If none of these parties comes forward or wishes to serve, then another party with an interest in the estate, including creditors, may request to be appointed as the personal representative after 45 days.

Get Help From an Experienced South Valley Probate Law Firm

Probate can often introduce unexpected challenges for everyone involved. The estate’s personal representative also has a legal duty to minimize estate costs and efficiently handle affairs on behalf of the estate’s heirs.

New Mexico Financial Law has been providing probate legal assistance in South Valley and throughout the rest of the state for over a decade. We are available for executor and trustee support for any party with an interest in an estate. Find out more about how we can assist you during a no-obligation consultation when you call us (505) 503-1637.