Petition for Probate of Will and for Letters Testamentary - New Mexico

PETITION FOR PROBATE OF WILL AND FOR LETTERS TESTAMENTARY

[____] JUDICIAL DISTRICT COURT OF [COUNTY] COUNTY, STATE OF NEW MEXICO

1. CAPTION AND CASE INFORMATION

IN THE MATTER OF THE ESTATE OF:

[DECEDENT FULL LEGAL NAME], also known as [AKA, if any], Deceased.

2. PETITIONER (APPLICANT) INFORMATION

3. DECEDENT INFORMATION

4. BASIS FOR JURISDICTION AND VENUE

a. The Decedent died on [__/__/____]. County and state of domicile at death: [COUNTY, STATE: ________________________________].

b. ☐ Venue is proper under NMSA 1978, § 45-3-201(A)(1) because the Decedent was domiciled in [COUNTY] County, New Mexico at death.

c. ☐ The Decedent was not domiciled in New Mexico at death; venue is proper under § 45-3-201(A)(2) because property of the Decedent was located in [COUNTY] County at death. Property and location: [________________________________].

☐ This is a subsequent proceeding. The initial proceeding occurred in [COUNTY / COURT / CASE: ________________________________]; venue remains there under § 45-3-201(B), unless transferred: [TRANSFER DETAILS OR NONE: ________________________________].

d. The Decedent died testate, leaving a Last Will and Testament dated [__/__/____] [and codicil(s) dated [__/__/____]].

e. Time limit (§ 45-3-108): ☐ Three years or less have elapsed since death. ☐ More than three years have elapsed and the specific statutory exception authorizing this proceeding is: [SECTION AND FACTS: __________________________________].

f. Any personal representative previously appointed in New Mexico or elsewhere whose appointment has not terminated is: [NAME, ADDRESS, COURT, OR NONE: __________________________________] (§ 45-3-301(A)(4), incorporated by § 45-3-402(A)(3)).

g. The Petitioner ☐ has not received and is not aware of / ☐ has received a demand for notice of any probate or appointment proceeding concerning the Decedent. If received or known, identify the demandant: [________________________________] (§ 45-3-301(A)(5)).

5. THE WILL OFFERED FOR PROBATE

a. The original Last Will and Testament of the Decedent, dated [__/__/____], ☐ is in the possession of the Court or ☐ accompanies this petition. ☐ An authenticated copy of the Will probated elsewhere accompanies the petition. ☐ Neither original nor authenticated copy is available; the contents of the Will and why it is unavailable are stated here as required by § 45-3-402(B): [________________________________].

b. Witnesses to the Will, if any (identify the basis for execution validity if no witnesses signed): [________________________________]:

c. Self-proving status (check one):

☐ The Will is self-proved under NMSA 1978, § 45-2-504. The proof rules in §§ 45-3-405(C) and 45-3-406(B) apply in uncontested and contested formal cases, respectively, upon filing the Will and annexed or attached acknowledgment and affidavits, subject to their fraud or forgery exception.

☐ The Will is not self-proved. If execution evidence is necessary, §§ 45-3-405(B) and 45-3-406(A) govern witness proof in uncontested and contested cases, respectively.

d. To the best of the Petitioner's knowledge, the Petitioner believes the Will to have been validly executed (§ 45-3-301(B)(2), incorporated by § 45-3-402(A)(3)); and after the exercise of reasonable diligence, the Petitioner is unaware of any instrument revoking the Will and believes the instrument that is the subject of this petition to be the Decedent's last will (§ 45-3-301(B)(3), incorporated by § 45-3-402(A)(3)).

6. DEVISEES AND BENEFICIARIES UNDER THE WILL

The following persons and entities are devisees under the Will:

7. HEIRS AND OTHER INTERESTED PERSONS

The names and addresses of the surviving spouse, children, heirs, and devisees, and the ages of any who are minors, so far as known or ascertainable with reasonable diligence (§ 45-3-301(A)(2)):

Heir determination requested: The Petitioner requests a determination of heirs under § 45-3-402(A)(2). Identify all persons required by § 45-3-301(A)(2) and all notice recipients under § 45-3-403, including persons named in any other will known to the Petitioner.

8. NOMINATION AND PRIORITY OF PERSONAL REPRESENTATIVE

a. The Will nominates [NOMINATED PERSON NAME] to serve as Personal Representative. The person proposed for appointment is [PROPOSED PERSONAL REPRESENTATIVE NAME], at [STREET, CITY, STATE, ZIP].

b. ☐ The proposed representative is the person nominated in the Will and claims priority under NMSA 1978, § 45-3-203(A)(1) upon probate of that Will. ☐ The proposed representative claims priority on another basis: [NAME, ADDRESS, BASIS: ________________________________].

c. The proposed personal representative has reached the age of majority and has not been found unsuitable under § 45-3-203(F): [NAME AND BASIS: ________________________________].

d. If a person entitled to nominate or renounce under § 45-3-203(C) has done so, identify the filed writing: [NAME / ATTACHMENT / NONE: ________________________________]. Identify any other person claiming prior or equal priority under § 45-3-203 or § 45-3-414(B): [NAME / ADDRESS / BASIS / NONE: ________________________________].

9. BOND

☐ The Will relieves the proposed Personal Representative of bond. In a formal proceeding, bond is not required on this ground unless an interested person requests bond under § 45-3-605 and the district court orders it (§ 45-3-603(B)).

☐ The Will requires bond. The Petitioner requests a court determination whether that requirement may be dispensed with under § 45-3-603(B).

☐ The Will is silent about bond. The Petitioner requests that the Court determine whether to require bond under § 45-3-603(B).

☐ An interested person has demanded bond under § 45-3-605: [NAME, DATE, STATUS: ________________________________].

Estimated value of personal estate: $[________________] Proposed bond, if required: $[________________]

10. PRAYER FOR RELIEF

WHEREFORE, the Petitioner respectfully requests that the Court:

a. After notice and hearing, enter an order formally probating the Will and determining testacy and the heirs under §§ 45-3-401 and 45-3-402;

b. After notice under § 45-3-414(B), determine appointment priority under § 45-3-203 and appoint [PROPOSED PERSONAL REPRESENTATIVE NAME] as Personal Representative;

c. Issue Letters Testamentary upon appointment and qualification under § 45-3-103;

d. Determine the bond requirement under § 45-3-603; and

e. Grant further appropriate relief.

11. VERIFICATION

I, [PETITIONER FULL LEGAL NAME], state that I am the Petitioner, have read this petition, and believe the statements in it are accurate and complete to the best of my knowledge and belief.

Executed on [__/__/____] at [CITY], New Mexico.

Petitioner Signature: ______________________________________

Printed Name: [PETITIONER FULL LEGAL NAME]

12. NOTICE OF FORMAL HEARING

The district court sets the hearing. The Petitioner gives notice to the persons listed in § 45-3-403(B), including the surviving spouse, children and other intestate heirs, devisees and representatives named in relevant known wills, any unterminated personal representative, and persons who demanded notice. For the appointment request, also notify those having or claiming appointment priority under § 45-3-414(B). Unknown interested persons and known interested persons whose addresses cannot be found receive publication notice under § 45-3-403(B).

Under § 45-1-401(A), hearing notice may be mailed at least fourteen days before the hearing, served by the civil-summons method, or published once a week for three consecutive weeks where identity or address remains unknown after reasonable diligence, with final publication at least ten days before hearing. A court may alter method or time for good cause under subsection B. Proof of notice must be filed on or before the hearing under subsection C.

If death is in doubt, or an interested person demands it in writing, send hearing notice to the alleged decedent's last known address by registered or certified mail and report the result of the reasonably diligent search directed by the Court under § 45-3-403(C): [MAILING AND COURT-DIRECTED SEARCH DETAILS OR N/A: ________________________________].

Hearing date and place: [________________________________]

Publication newspaper and dates, if applicable: [________________________________]

Petitioner / Attorney Signature: ______________________________________
Printed Name: [PETITIONER / ATTORNEY NAME]

13. ATTACHMENTS

☐ Original Will and codicils, or authenticated copy probated elsewhere; if neither is available, include the § 45-3-402(B) explanation and contents in the petition.
☐ Supporting death record, if available.
☐ Any self-proving affidavit attached to the Will, if relied upon.
☐ Written renunciation or nomination affecting appointment priority, if applicable.
☐ Proposed order and Letters Testamentary, if requested by the Court.
☐ Proof of hearing notice, filed on or before the hearing (§ 45-1-401(C)).