Small estate affidavit in New Mexico: who can use it and how

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.

Up to $50,000 (deaths on or after January 1, 2012), 30 days after the death, no court filing.

Checked against official sources: October 30, 2026.

Collection of personal property by affidavit (Affidavit of Successor in Interest)

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	$50,000

The 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.

Forms

MVD-10013 Affidavit of Claiming Successor (vehicles, Rev. 06/24)

Law: NMSA 1978, 45-3-1201 (Laws 2011, ch. 124 (SB 146), sec. 50)

Source: Official page

What counts toward the limit in New Mexico

Add up the value of the person's estate, wherever it is, and subtract liens and encumbrances. The courts' guide says a small estate does not include any real property, and that property passing by non-probate transfer (joint tenancy real estate, a recorded transfer on death deed, payable-on-death bank accounts, brokerage accounts with death beneficiaries) passes outside probate.

Law: NMSA 1978, 45-3-1201

In this state the total is counted after subtracting liens.

Kind of property	How it is treated	Details
Bank accounts in the person's name alone	Counts	Bank accounts in the person's name alone count. Law: NMSA 45-3-1201(A)
Joint or payable-on-death (POD) bank accounts	Left out	Payable-on-death accounts pass to the named beneficiary as a non-probate transfer.
Cars and other vehicles	Counts	Vehicles in the person's name count. The MVD also has a Transfer Without Probate process for heirs and spouses with no value limit. Law: NMSA 45-3-1201(A)
Boats and mobile or manufactured homes	Counts	Boats (vessels) titled with the MVD count as personal property. Law: NMSA 45-3-1201(A); MVD-10013
Real estate in New Mexico	Has its own procedure	The courts' guide says a small estate does not include real property, and the affidavit cannot transfer real estate. A home passing to a surviving spouse can use the surviving spouse affidavit; other real estate needs probate. Law: NMSA 45-3-1201(C), 45-3-1205
Main home (primary residence)	Own procedure, up to $500,000	A home the couple owned as community property that passes to the surviving spouse (no will, or a will leaving it to the spouse) can go to the spouse with the surviving spouse affidavit if its assessed full value is $500,000 or less. Other homes need probate. Law: NMSA 45-3-1205
Real estate in another state	Not clear	Ask the probate court how real estate in another state affects the small estate affidavit. Law: NMSA 45-3-1201(A)(1)
Unpaid wages owed to the person	Counts	Money owed to the person, such as a final paycheck, counts. Law: NMSA 45-3-1201(A)
Military pay owed to the person	Not clear	Ask the probate court how military pay owed to the person is treated. Law: NMSA 45-3-1201
Life insurance or retirement money paid to a named person	Left out	Accounts and benefits with a named death beneficiary pass outside probate.
Life insurance or retirement money paid to the estate	Counts	Benefits payable to the person's estate count. Law: NMSA 45-3-1201(A)
Property in a living trust	Not clear	Ask the probate court how trust property is treated. Law: NMSA 45-3-1201
Property owned jointly with right of survivorship	Left out	Real estate held as joint tenants passes to the surviving owner as a non-probate transfer.
Property going to a surviving spouse	Not clear	New Mexico is a community property state. Ask the probate court how community property passing to the spouse is counted. Law: NMSA 45-3-1201, 45-3-1205
Stocks, bonds and brokerage accounts	Counts	Stocks in the person's name alone count; brokerage accounts with a death beneficiary pass outside probate. Law: NMSA 45-3-1201(A)-(B)
Furniture, jewelry and other belongings	Counts	Belongings count at their value. Law: NMSA 45-3-1201(A)

Source: Official page

Questions about small estates in New Mexico

How long must I wait to use the affidavit in New Mexico?

At least 30 days must have passed since the death.

What does the affidavit cost in New Mexico?

No court filing fee, because the affidavit is not filed with a court.

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.