The New Mexico Small Estate Affidavit is an affidavit written by the successors of an estate when a family member has passed away with or without making a will. Below you can find out how to write a free New Mexico Small Estate Affidavit form, where to file the affidavit and the monetary and time limits involved.
A New Mexico small estate affidavit form, also called a New Mexico Collection of Personal Property form, is used in the event that the decedent had a limited amount of assets. To qualify as a small estate in New Mexico, the estate in question must be valued at less than $50,000. A New Mexico Small Estate Affidavit is used as simplified method for the heirs to collect the property of the decedent without having to go through probate.
New Mexico Small Estate Affidavit Requirements
- The decedent must be a resident of the State of New Mexico.
- Falls under New Mexico Statutes Chapter 45: Uniform Probate Code Article 3: Probate of Wills and Administration Section 45-3-1201 – Collection of personal property by affidavit.
- The estate in question must be valued at less than $50,000.
- Thirty days have elapsed since the decedent passed away.
- Must be filed in the local probate court where the decedent resided.
How to Write a New Mexico Small Estate Affidavit Form
First of all, fill in the decedent’s name at the top of the form. Enter the affiant’s name and address in the first two sections of the form. Next, write the names of all the heirs to the estate along with their addresses and share in the estate as a percentage.
Enter the decedent’s full name and the date the decedent passed away. Include a certified copy of the death certificate in the affidavit and make sure thirty days have elapsed since the decedent’s passing before getting the affidavit notarized.
Free New Mexico Small Estate Affidavit Form
Once the document is signed, dated and sealed by the notary, the New Mexico small estate affidavit is valid and the affiant can proceed to collect the assets.
Fill out and print a free New Mexico Small Estate Affidavit online.