What to gather for a small estate in New Mexico
Pick a procedure and check off what you already have. Download or print the list to take with you.
Collection of personal property by affidavit (Affidavit of Successor in Interest)
A sworn statement you give to a bank, company or the Motor Vehicle Division, so they pay or deliver the person's property to you. It is not filed with a court. It cannot be used to transfer title to real estate.
- Limit
Up to $50,000 (deaths on or after January 1, 2012) Counted after subtracting liens (what is owed on the property).
Date of death Limit On or after January 1, 2012$50,000The entire estate, wherever it is, minus liens and encumbrances, cannot be worth more than $50,000.
- What counts
The value of the entire estate, wherever located, minus liens and encumbrances. The courts' self-help guide says a small estate does not include any real property.
- Waiting period
At least 30 days must have passed since the death.
- Who can use it
A person claiming to be the successor (the person entitled to the property under the will or state law), or someone acting for that person.
- Court or where to file
Not filed with a court. You give it to the bank, company or Motor Vehicle Division.
- Notary
The affidavit must be signed by the person entitled to the property and notarized.
- Papers to attach
- Certified copy of the death certificate (the MVD requires an original or certified copy)
- Steps
- Wait until at least 30 days after the death.
- Check that no one has applied to be personal representative in any state.
- Prepare the affidavit with the required statements (your county probate court can tell you where to get a form).
- Sign it in front of a notary.
- Give it to the bank or other holder; for a vehicle, use MVD form MVD-10013.
- Fee
No court filing fee, because the affidavit is not filed with a court.
- What the bank or holder must do
On a proper affidavit, the holder must pay the debt or deliver the property, and a transfer agent must re-register securities to the successor.
Law: NMSA 1978, 45-3-1201 (Laws 2011, ch. 124 (SB 146), sec. 50)
Source: Official page
Death certificates in New Mexico
Make checks or money orders payable to NM Vital Records.
- Where to get it
- New Mexico Department of Health, Vital Records
- Official page
- Official page
Car or vehicle title after a death in New Mexico
There are two ways to transfer a vehicle or vessel when there is no will or the will was not probated. (1) Claiming Successor: after 30 days, if the entire estate minus liens is worth no more than $50,000, bring the title, the Affidavit of Claiming Successor (MVD-10013, notarized), an original or certified death certificate, a lien release if any, and an odometer statement (MVD-10187). (2) Transfer Without Probate: a legal heir or spouse can use the Certificate of Transfer Without Probate (MVD-10011) after 30 days if the vehicle was not left to someone else by will and no personal representative is appointed; it only works in the state where the vehicle was titled. No excise tax is due when a beneficiary receives the vehicle for no payment.
Law: NMSA 45-3-1201(A), 66-3-105(C)
- Agency
- New Mexico Taxation and Revenue Department, Motor Vehicle Division (MVD)
- Waiting period
- 30 days after the death
- Fee
Normal MVD title fees apply.
Source: Official page
Surviving spouse in New Mexico
New Mexico is a community property state. A home the couple owned as community property passes to the surviving spouse without probate when there is no will or the will leaves the person's share to the spouse; after six months the spouse can record an Affidavit of Surviving Spouse with the county clerk if the home's assessed full value is $500,000 or less. A spouse or legal heir can also transfer a vehicle at the MVD with a Certificate of Transfer Without Probate.
Law: NMSA 45-3-1205
Related pages
Free help in New Mexico
A court self-help center or a legal aid office can check whether the estate qualifies, free of charge or at low cost.
- LawHelpNewMexico (legal aid)
- State Bar of New Mexico: For the Public
- New Mexico Courts Self-Representation: Probate
- New Mexico Courts Self-Representation: Probate Forms
- NM District Court Self Help Guide: Probate
- LawHelp.org
- Legal Services Corporation (LSC) - Find legal aid
- Eldercare Locator · 1-800-677-1116
- Consumer Financial Protection Bureau (debt collection and mortgage complaints) · (855) 411-2372