Free New Mexico Small Estate Affidavit Form Open Editor Here

Free New Mexico Small Estate Affidavit Form

The New Mexico Small Estate Affidavit is a legal document that allows individuals to settle the estate of a deceased person without going through the formal probate process. This form is particularly useful for estates that fall below a certain value threshold, simplifying the transfer of assets to rightful heirs. By utilizing this affidavit, individuals can expedite the distribution of property while minimizing legal complexities.

Open Editor Here

In New Mexico, managing the estate of a loved one who has passed away can feel overwhelming, especially when it comes to navigating the legal requirements. The New Mexico Small Estate Affidavit form offers a streamlined solution for those dealing with estates that meet specific criteria. This form allows individuals to claim assets without going through the lengthy probate process, which can save time and reduce stress during an already difficult period. To qualify, the total value of the estate must fall below a certain threshold, and the affidavit must be completed accurately to ensure compliance with state laws. It serves as a declaration of the deceased’s assets and liabilities, facilitating the transfer of property to rightful heirs. Understanding how to properly fill out and submit this form can empower you to handle your loved one’s estate with confidence and ease.

Example - New Mexico Small Estate Affidavit Form

New Mexico Small Estate Affidavit

Under New Mexico Statutes Section 45-3-1201, this document allows for the assets of a deceased person's estate to be distributed without a formal probate process if the total value does not exceed the amount specified by state law. The current threshold is detailed in the referenced section of the state's statutes. It’s designed for use when the deceased, known as the decedent, has left behind a modest amount of assets. To use this affidavit, you must ensure that you meet all conditions set forth under New Mexico law.

Decedent Information:

  • Name of Decedent: _______________________________
  • Date of Death: _______________________________
  • County of Residence at Time of Death: _______________________________

Affiant Information:

  • Name of Affiant (Person Filing): _______________________________
  • Relationship to Decedent: _______________________________
  • Mailing Address: _______________________________
  • Telephone Number: _______________________________

The undersigned, _____(Affiant’s Name)_____, affirms that:

  1. All debts and taxes of the decedent's estate have been or will be paid.
  2. The value of the entire estate subject to administration in New Mexico, less liens and encumbrances, does not exceed the threshold amount as defined by New Mexico law.
  3. At least thirty days have elapsed since the death of the decedent.
  4. No application or petition for the appointment of a personal representative is pending or has been granted in any jurisdiction.
  5. The claiming successor(s) are entitled to payment or delivery of the property of the decedent.

The Affiant requests that the described property be paid, delivered, or transferred to the rightful heirs or designated persons as per New Mexico law. A full description of the property subject to this affidavit is attached hereto.

Description of Property:

  • _____________________________________________________
  • _____________________________________________________
  • _____________________________________________________

Date: ____________

Affiant's Signature: ________________

State of New Mexico

County of ____________

Subscribed and sworn to (or affirmed) before me on this ___ day of ____________, 20__, by _________________, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that he/she executed the same for the purposes therein contained.

In witness whereof, I hereunto set my hand and official seal.

_____________________________

(Notary Public)

My Commission Expires: ____________

Document Properties

Fact Name Description
Purpose The New Mexico Small Estate Affidavit allows heirs to claim assets of a deceased person without going through a formal probate process when the estate's value is below a certain threshold.
Value Limit As of 2023, the total value of the estate must not exceed $75,000 for personal property or $200,000 for real property to qualify for the Small Estate Affidavit.
Governing Law The Small Estate Affidavit is governed by New Mexico Statutes, specifically Section 45-3-1201 of the Uniform Probate Code.
Eligibility To use this affidavit, you must be an heir or a person entitled to the estate's assets, and you must have a valid reason to avoid formal probate.
Filing Requirements The completed affidavit must be filed with the appropriate court and may require supporting documentation, such as a death certificate and a list of assets.
Please rate Free New Mexico Small Estate Affidavit Form Form
4.86
(Perfect)
21 Votes