Probate, or the court supervised process of settling and distributing a decedent's estate, is commenced in the county where the decedent maintained a primary residence at the time of his or her death. What happens, though, when a decedent owned real property in New Mexico outside their county of residence?
For those situations, the estate's personal representative, (the fiduciary appointed by the court to administer the estate), is required to execute and file a statutory Notice of Administration under NMSA 1978, 45-1-404 in the county clerk's office where the property is situated.
The notice states the name of the decedent, the title and docket number of the administration proceedings, a description of the type of administration, the court where the administration is commenced, the personal representative's name, title, and address, and a complete legal description of the real property.
The personal representative signs the notice in the presence of a notary public before submitting it for recording. Once recorded in the conveyancing records where the property is located, no other documentation is required concerning the estate's administration in that county (45-1-404(B)).
Along with meeting the statutory content requirements, the document should meet all state and county formatting standards for documents relating to real property. A copy of the notice may be filed in the probate records of the county where probate is opened, though this is not necessary.
Consult an attorney with questions related to probate proceedings and Notices of Administration in New Mexico.
Deeds.com New Mexico Notice of Administration Forms Have Been Updated as Recently as Friday February 15, 2019
What others like you are saying:
December 25th, 2018
Name: Connie E.
Review: Great service! Easy to download and view. Florida should have the Revocable Transfer on Death (TOD)deed, that many other States have. That's the one I really wanted. This one will do in the meantime.
Reply from Staff on December 25th, 2018
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
February 13th, 2019
Name: Jamie F.
Review: I purchased he Alabama Correction Warranty Deed Form to correct a mistake in the legal description. However, this form says it must be signed by all who previously signed the deed. One of these people is now deceased. Can I use this form? How would it be different? I would give you 5 stars but wish this issue had been addressed. Thanks.
Reply from Staff on February 13th, 2019
Thank you for your feedback. From the product description: All parties who signed the prior deed must sign the correction deed in the presence of a notary.
January 16th, 2019
Name: Linda W.
Review: Got the forms, very straight forward. No problems completing them.
Reply from Staff on January 16th, 2019
Select County where the property is located.