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

PETITION FOR PROBATE OF WILL AND FOR LETTERS TESTAMENTARY

[PROBATE COURT / DISTRICT COURT] OF [COUNTY] COUNTY, STATE OF NEW MEXICO

TABLE OF CONTENTS

1. Caption and Case Information
2. Petitioner (Applicant) Information
3. Decedent Information
4. Basis for Jurisdiction and Venue
5. The Will Offered for Probate
6. Devisees and Beneficiaries Under the Will
7. Heirs and Other Interested Persons Entitled to Notice
8. Nomination and Priority of Personal Representative
9. Bond
10. Prayer for Relief
11. Verification
12. Certificate of Service / Notice
13. Attachments Checklist

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 [__/__/____] domiciled in [COUNTY] County, New Mexico.

b. Venue is proper in this Court under NMSA 1978, § 45-3-201(A)(1) because the Decedent was domiciled in [COUNTY] County at the time of 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 the time of death. Venue statement: [________________________________].

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

e. Time limit (§ 45-3-301(A)(6)): The time limit for probate or appointment has not expired because three (3) years or less have elapsed since the Decedent's death. ☐ If more than three years have elapsed, the circumstances authorizing tardy probate under § 45-3-108 are: [________________________________].

f. No personal representative of the Decedent has been appointed in New Mexico or elsewhere whose appointment has not been terminated. ☐ Except: [________________________________] (name and address; § 45-3-301(A)(4)).

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 (§ 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, ☐ accompanies this application/petition, or ☐ an authenticated copy of the Will probated in another jurisdiction accompanies this application (§ 45-3-301(B)(1)).

b. The Will was executed by the Decedent and attested by the following witnesses:

c. Self-proving status (check one):

☐ The Will is self-proved pursuant to NMSA 1978, § 45-2-504, and may be admitted without the testimony of any attesting witness.

☐ The Will is not self-proved; proof of due execution will be made by affidavit or testimony of an attesting witness, or as otherwise permitted by the Court.

d. To the best of the Petitioner's knowledge, the Petitioner believes the Will to have been validly executed (§ 45-3-301(B)(2)); 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 application to be the Decedent's last will (§ 45-3-301(B)(3)).

6. DEVISEES AND BENEFICIARIES UNDER THE WILL

The following persons and entities are devisees under the Will:

7. HEIRS AND OTHER INTERESTED PERSONS ENTITLED TO NOTICE

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)):

Community property note: New Mexico is a community property state (NMSA 1978, § 40-3-8). The surviving spouse's one-half interest in community property is not subject to probate administration; only the Decedent's one-half interest in community property and the Decedent's separate property pass through this estate.

8. NOMINATION AND PRIORITY OF PERSONAL REPRESENTATIVE

a. In the Will, the Decedent nominated the Petitioner, [PETITIONER FULL LEGAL NAME], to serve as Executor / Personal Representative of the estate.

b. The Petitioner has first priority for appointment under NMSA 1978, § 45-3-203(A)(1) as the person with priority determined by the probated Will (including a person nominated by power conferred in a will).

c. The Petitioner is of the age of majority, is not disqualified under § 45-3-203(F), and the Court has not found the Petitioner unsuitable in any formal proceeding.

d. ☐ The application/petition describes the Will by date of execution and states the priority of the person whose appointment is sought, as required for an application for informal appointment under a will (§ 45-3-301(C)).

e. ☐ Co-personal representatives are nominated: [________________________________]. ☐ A person of prior or equal right renounces or nominates the Petitioner, as shown by attached writing (§ 45-3-203(C)).

9. BOND

a. ☐ The Will expressly directs that the Personal Representative serve without bond; no bond is required (NMSA 1978, § 45-3-603).

b. ☐ The Will is silent as to bond. In informal proceedings, no bond is required of the Personal Representative except upon appointment of a special administrator, where the will expressly requires bond, or where bond is demanded under § 45-3-605 (§ 45-3-603).

c. ☐ Bond is required because: ☐ the Will expressly requires it; ☐ an interested person has demanded bond under § 45-3-605; ☐ the Court so orders in a formal proceeding. The Petitioner will furnish bond in the amount of $[________________].

Estimated value of the personal estate: $[________________]

10. PRAYER FOR RELIEF

WHEREFORE, the Petitioner respectfully requests that the Court:

a. ☐ (Informal) Enter a written statement of informal probate of the Will and an order/statement of informal appointment of the Petitioner as Personal Representative under NMSA 1978, § 45-3-301 and § 45-3-103; OR ☐ (Formal) After notice and hearing, enter an order probating the Will and determining the Decedent's testacy under §§ 45-3-401 and 45-3-402;

b. Admit the Decedent's Last Will and Testament dated [__/__/____] [and codicil(s)] to probate;

c. Appoint the Petitioner as Executor / Personal Representative as nominated in the Will, the Petitioner having first priority under § 45-3-203;

d. Direct that Letters Testamentary be issued to the Petitioner upon qualification and acceptance;

e. Fix or dispense with bond consistent with the Will and § 45-3-603; and

f. Grant such other and further relief as the Court deems just and proper.

11. VERIFICATION

I, [PETITIONER FULL LEGAL NAME], verify under penalty of perjury under the laws of the State of New Mexico that I am the Petitioner; that I have read the foregoing application/petition; and that the statements contained in it are accurate and complete to the best of my knowledge and belief, as required by NMSA 1978, § 45-3-301 [and § 45-3-402].

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

Petitioner Signature: ______________________________________

Printed Name: [PETITIONER FULL LEGAL NAME]

12. CERTIFICATE OF SERVICE / NOTICE

Informal proceedings: Not later than thirty (30) days after appointment, the Personal Representative shall give written information of appointment to the heirs and devisees, as required by NMSA 1978, § 45-3-705.

Formal proceedings: Notice of the time and place of hearing on this petition shall be given to all interested persons (the surviving spouse, heirs, devisees, and any demandant for notice) at least the period required by NMSA 1978, § 45-1-401 before the hearing, by the methods prescribed therein.

☐ Notice of hearing mailed / delivered at least [____] days before hearing (formal) — § 45-1-401
☐ Information of appointment sent within 30 days after appointment (informal) — § 45-3-705
☐ Notice to creditors published / mailed — § 45-3-801

Signature: ______________________________________
Printed Name: [PETITIONER / ATTORNEY NAME]
New Mexico Bar No.: [________________] (if applicable)
Firm / Address: [________________________________]
Telephone: [________________________________]
Email: [________________________________]

13. ATTACHMENTS CHECKLIST

☐ Original Last Will and Testament [and codicil(s)] (or authenticated copy probated elsewhere)
☐ Certified copy of Death Certificate
☐ Self-Proving Affidavit (if will is self-proved under § 45-2-504)
☐ Proof / affidavit of attesting witness (if will not self-proved)
☐ Acceptance of Appointment by Personal Representative
☐ Order of Informal Probate / Statement of Informal Appointment (informal) — Form 4B-302 NMRA, or Order Admitting Will (formal)
☐ Letters Testamentary (proposed)
☐ Bond (if required) or testamentary waiver of bond — § 45-3-603
☐ Notice / Information of Appointment to heirs and devisees — § 45-3-705
☐ Notice to Creditors (for publication) — § 45-3-801
☐ Filing fee payment (verify current Probate / District Court schedule)