12 31 21 Rule Set 4b Probate Court Forms 2021

Probate Court Forms
ARTICLE 1
Probate Flow Chart
4B-101. Opening and closing a probate court case (Flow chart).
OPENING AND CLOSING A PROBATE COURT CASE
TESTATE (WILL) INTESTATE (NO WILL)

Step 1 Locate Will (Original required)
1. Identify Devisees 1. Identify Heirs
2. Identify Heirs 2. Identify County and choose
3. Identify County and choose whether
whether to file in Probate to file in Probate Court or District
Court or 3. Court
4. District Court Check for demand for notice in
If Decedent died more than District Court
three
years ago or the original will
5. cannot be located, the case
must
be filed in District Court
Check for demand for notice
in
District Court
See Rules 1B-102, 1B-301, 1B- See Rules 1B-102, 1B-301, 1B-302,
302, 1B-305 NMRA 1B-303 NMRA
 
Step 2 File an Application to Probate Will File an Application to Appoint
and Appoint Personal Personal Representative (PR)
Representative (PR)
See Rules 1B-102, 1B-302, 1B- See Rules 1B-102, 1B-302, 1B-303,
305, 1B-306(A)(1) NMRA and Form 1B-304(A)(1) NMRA and Form 4B-
4B-302 NMRA 301 NMRA
 
Step 3 Obtain Order to Informally Probate Obtain Order to Informally Appoint
Will and Appoint PR; file an PR; file an Acceptance of
Acceptance of Appointment; have Appointment; have Clerk issue
Clerk issue Letters Testamentary Letters of Administration
See Rule 1B-306(A)(2)-(4) NMRA See Rule 1B-304(A)(2)-(4) NMRA
and Forms 4B-304, 4B-305, 4B- and Forms 4B-303, 4B-305, 4B-306
307 NMRA NMRA
 
Step 4 Within 30 days of Appointment, Within 30 days of Appointment, Send
Send Notice of Appointment, Notice of Appointment and Order to
Order, and copy of Will to Heirs and any person who has filed a
Devisees, Heirs, and any person demand for notice
who has filed a demand for notice
See Rules 1B-102, 1B-306(B) See Rules 1B-102, 1B-304(B) NMRA

NMRA and Forms 4B-401, 4B-402 and Forms 4B-401, 4B-402 NMRA
NMRA
 
Step 5 Decide whether to Notify Creditors Decide whether to Notify Creditors
If Creditors will be notified, If Creditors will be notified,
(a) send notice, (a) send notice,
(b) publish notice, OR (b) publish notice, OR
(c) both (c) both
See Rules 1B-102, 1B-305, 1B- See Rules 1B-102, 1B-303, 1B-
306(C) NMRA and Form 4B-501 304(C) NMRA and Form 4B-501
NMRA NMRA
 
Step 6 Collect/Inventory Assets of the Collect/Inventory Assets of the
Decedent, Value Assets (within 3 Decedent and Value Assets (within 3
months of appointment), and months of appointment), and
Determine Debts of the Decedent Determine Debts of the Decedent
Inventory does not have to be filed Inventory does not have to be filed
with the court with the court
See Rules 1B-305, 1B-306(D) See Rules 1B-303, 1B-304(D) NMRA

NMRA and Form 4B-601 NMRA and Form 4B-601 NMRA
 
Step 7 Pay the Family Allowance Pay the Family Allowance ($30,000)
($30,000) and Personal Property and Personal Property Allowance
Allowance ($15,000) if required ($15,000) if required
306(E) NMRA 304(E) NMRA
 
Step 8 Pay costs and expenses of Pay costs and expenses of
administration administration
306(F)(1) NMRA 304(F)(1) NMRA
 
Step 9 Pay Creditors or Dispute Claims Pay Creditors or Dispute Claims
306(F)(2)-(4) NMRA 304(F)(2)-(4) NMRA
 
If you did not deal with Creditors, If you did not deal with Creditors, you
you should wait a year from date of should wait a year from date of death
death to distribute assets, or you to distribute assets, or you may owe
may owe unpaid Creditors unpaid Creditors
See Rule 1B-306(F)(2) NMRA See Rule 1B-304(F)(2) NMRA

Or Or
If you published notice to Creditors, If you published notice to Creditors,
sent notice to known Creditors, and sent notice to known Creditors, and
paid all Creditors with allowed paid all Creditors with allowed claims,
claims, and if the time for Creditors and if the time for Creditors to make
to make their claims has elapsed, their claims has elapsed, you may
you may distribute assets distribute assets
See Rules 1B-305, 1B-306(C)(1) See Rules 1B-303, 1B-304(C)(1)

NMRA NMRA
 
Step Prepare an Accounting of Prepare an Accounting of
10 Administration, which does not Administration, which does not have
have to be filed with the court, send to be filed with the court, send the
the Accounting to Devisees and Accounting to Heirs and those who
those who filed a demand for filed a demand for notice, and
notice, and distribute remaining distribute remaining assets to Heirs
assets to Devisees
See Rules 1B-102, 1B-306(H)(1) See Rules 1B-102, 1B-304(H)(1)

NMRA and Form 4B-602 NMRA NMRA and Form 4B-602 NMRA
 
Step Close probate and estate when you Close probate and estate when you
11 meet the requirements in the meet the requirements in the Verified
Verified Statement Statement
See Rule 1B-306(H)(2), (3) NMRA See Rule 1B-304(H)(2), (3) NMRA
and Forms 4B-701, 4B-702 NMRA and Forms 4B-701, 4B-702 NMRA
[Adopted by Supreme Court Order No. 18-8300-014, effective for all cases pending or
filed on or after December 31, 2018.]
ARTICLE 2
Application for Free Process and Affidavit of
Indigency
4B-201. Affidavit of poverty and indigency.
[For use with Rules 1B-303 and 1B-305 NMRA]
STATE OF NEW MEXICO
IN THE PROBATE COURT
_______________ COUNTY
IN THE MATTER OF THE ESTATE OF No. __________
______________________, DECEASED.
AFFIDAVIT OF POVERTY AND INDIGENCY
I, the applicant, state that
A. I wish to start an action in the probate court of ____________ County, New

Mexico;
B. The estate of the decedent does not have enough funds to pay the costs of the
action because the estate only has the following assets (list assets):
________________________________________________________________
________________________________________________________________
WHEREFORE, I ask that I not have to pay the costs of this action, including the filing
fee.
I affirm under penalty of perjury under the laws of the State of New Mexico that all of
the above statements are true and correct.
________________________________
Signature of applicant
________________________________
Printed name
________________________________
Date
________________________________
Street address
________________________________
City, state, and ZIP code
________________________________
Telephone number (optional)
________________________________
Email address (optional)
[Approved, effective September 15, 2000; as amended by Supreme Court Order No.
07-8300-005, effective March 1, 2007; 4B-601 recompiled and amended as 4B-201 by
Supreme Court Order No. 18-8300-014, effective for all cases pending or filed on or
after December 31, 2018.]
ANNOTATIONS
The 2018 amendment, approved by Supreme Court Order No. 18-8300-014, effective
December 31, 2018, required the applicant to affirm under penalty of perjury that the
applicant’s statements are true and correct, removed the provision requiring the
applicant to sign and date the form in the presence of a notary, and made certain
technical changes; added “[For use with Rules 1B-303 and 1B-305 NMRA]”; added the
affirmation provision preceding the signature line, and removed the notarization portion
of the form.
Recompilations. — Former Form 4B-601 NMRA, relating to affidavit of poverty and

indigency, was recompiled and amended as 4B-201 NMRA, effective for all cases
pending or filed on or after December 31, 2018.
4B-202. Order allowing free process.
STATE OF NEW MEXICO
_______________ COUNTY
______________________, DECEASED.
ORDER ALLOWING FREE PROCESS
The court, having read the Affidavit of Poverty and Indigency and having considered
the application, FINDS that the applicant is entitled to free process.
IT IS THEREFORE ORDERED THAT
The applicant shall not pay any of the costs associated with the process of this
action in this court. The applicant shall pay any costs associated with publishing notice
to creditors if the applicant chooses to publish.
________________________________
Probate Judge
Submitted by:
_________________________________________
_________________________________________
Printed name
_________________________________________
Date
_________________________________________
Street address
_________________________________________
_________________________________________
_________________________________________
ANNOTATIONS
December 31, 2018, added “[For use with Rules 1B-303 and 1B-305 NMRA]”.
Recompilations. — Former Form 4B-602 NMRA, relating to order allowing free

process, was recompiled and amended as 4B-202 NMRA, effective for all cases
ARTICLE 3
Commencement of a Probate Proceeding
4B-301. Application for informal appointment of personal
representative (no will).
[For use with Rule 1B-304 NMRA]
STATE OF NEW MEXICO
__________________ COUNTY
__________________, DECEASED.
APPLICATION FOR INFORMAL

APPOINTMENT OF PERSONAL REPRESENTATIVE
(NO WILL)1
I, ____________________, state that

1. I had the following relationship with ____________________, the person who
died (the decedent), that qualifies me to act as personal representative of the estate of
the decedent1:
(Choose one)
(Review the priorities for appointment set out in Section 45-3-203(A) NMSA 1978 and
Rule 1B-304 NMRA.)
[] I am the surviving spouse of the decedent.
[] I am one of the heirs of the estate of the decedent.
[] I am an interested person, including a creditor of the decedent, and forty-

five (45) days have elapsed since the date of death of the decedent.
Because of this relationship, I have an interest in the estate of the decedent, and I
am willing to serve as personal representative of the estate of the decedent. I am not
disqualified to act as personal representative. I do not know of anyone else who is
interested in serving as personal representative who has priority to serve.
(Check if applicable)
[] Anyone who has equal or higher priority to serve has consented below to
my appointment by signing this form.
2. The decedent died on _________________ (date), at the age of _____. At

death, the decedent
(Choose one)
[] lived in _________ County, New Mexico.
[] did not live in New Mexico, but lived in _____________ County, State of
_____________ and owned property in _____________ County, New Mexico.
3. I have carefully searched for all of the names and addresses of the decedent’s
spouse, children, and other heirs [including myself].2 I have discovered the following
information:
Name Address Relationship Age

to Decedent (if minor)
____________________ ___________________ _____________ _____________
____________________ ___________________ _____________ _____________
____________________ ___________________ _____________ _____________
4. I have looked carefully and thoroughly for a will of the decedent and did not find
one. I believe that the decedent died without a will.
5. A personal representative has not been appointed in New Mexico or anywhere

else.
6. I do not know of any other probate action either in New Mexico or anywhere else.
7. (Choose one)
[] I have checked with the district court clerk about a demand for notice and
found no such demand. I have not received, and do not know of, any demand from
anyone for notice of any probate or related proceeding.
[] I am aware of a demand for notice and have sent the required notice to
each person who demanded notice.
8. (Choose one)
[] The decedent died more than one hundred twenty (120) hours ago and
less than three (3) years ago.
[] The decedent died more than three (3) years ago, but an informal
appointment is necessary to confirm title in the successors to the estate of the
decedent.
WHEREFORE, I ask this court to
A. Appoint me as the personal representative of the estate of the decedent;
B. Allow me to serve without posting a bond, in an unsupervised

administration;
C. Ask the court clerk to issue Letters of Administration to me; and
D. Order any other relief as this court believes to be appropriate.
________________________________
________________________________
Printed name
________________________________
Date
________________________________
Street address
________________________________
________________________________
________________________________
(If anyone has an equal or higher priority than you for appointment as personal
representative, as discussed in the instructions for this form, Step 1, have each sign
below to show that person’s consent to your serving as personal representative.)
I consent to the appointment of the personal representative listed above.
Name: ________________________________________________________________
Signature: _____________________________________________________________
Relationship to decedent: _________________________________________________
Street address: _________________________________________________________
City, state, and ZIP code: _________________________________________________
Name: ________________________________________________________________
Signature: _____________________________________________________________
Street address: _________________________________________________________
Name: ________________________________________________________________
Signature: _____________________________________________________________

Street address: _________________________________________________________
Name: ________________________________________________________________
Signature: _____________________________________________________________
Street address: _________________________________________________________
USE NOTES
1. See NMSA 1978, Section 45-3-203 for priority among persons seeking
appointment as personal representative and NMSA 1978, Section 45-3-301 for informal
appointment of a personal representative.
2. If the applicant is an "heir," as defined in Rule 1B-102 NMRA, use the bracketed
language.
ANNOTATIONS
applicant to sign and date the form in the presence of a notary, made certain technical
changes, and revised the Use Note; added “[For use with Rule 1B-304 NMRA]”, after
“Review the priorities for appointment set out in”, deleted “the instruction to this form,
step 1, Probate Form 4B-012” and added “Section 45-3-203(A) NMSA 1978 and Rule
1B-304”, after each occurrence of “estate”, added “of the decedent”, added the
of the form; in the Use Note, in Paragraph 2, after “defined in”, changed “4B-002” to
“Rule 1B-102”.
Recompilations. — Former Form 4B-101 NMRA, relating to application for informal

appointment of personal representative (no will), was recompiled and amended as 4B-
301 NMRA, effective for all cases pending or filed on or after December 31, 2018.
4B-302. Application for informal probate of will and for informal
appointment of personal representative (will).
STATE OF NEW MEXICO
__________________ COUNTY
__________________, DECEASED.
APPLICATION FOR INFORMAL

PROBATE OF WILL
AND FOR INFORMAL APPOINTMENT OF PERSONAL REPRESENTATIVE
(WILL)1
I, ____________________, state that
1. I had the following relationship with __________________, the person who died
(the decedent), that qualifies me to act as personal representative of the estate of the
decedent1:
(Choose one)
(Review the priorities for appointment set out in Section 45-3-203(A) NMSA 1978 and
Rule 1B-306 NMRA.)
[] I have been nominated in the will of the decedent.
[] I am the surviving spouse of the decedent and am listed in the will as a

devisee.
[] I am one of the devisees of the estate of the decedent as listed in the will.
[] I am the surviving spouse of the decedent, but am not listed in the will as a
devisee.
[] I am one of the heirs of the estate of the decedent, but am not listed in the
will as a devisee.
[] I am an interested person, including a creditor of the decedent, and forty-

five (45) days have elapsed since the date of death of the decedent.
Because of this relationship, I have an interest in the estate of the decedent, and I
am willing to serve as personal representative of the estate of the decedent. I am not
disqualified to act as personal representative. I do not know of anyone else who is
interested in serving as personal representative who has priority to serve.
2. The decedent died on _________________ (date), at the age of _____. At

death, the decedent
(Choose one)
[] lived in _________ County, New Mexico.
[] did not live in New Mexico, but lived in ______________ County, State of
__________________ and owned property in _____________ County, New Mexico.
3. I am filing the original of the will of the decedent, dated _______________, at the
same time I am filing this application. I believe that this is the current and correct will.
4. The following is a list of the devisees named in the will, [including myself]2,
together with a list of the decedent’s spouse, children, and heirs who may not be named
in the will, if any:
Name Address Relationship Age

to Decedent (if minor)
____________________ ___________________ _____________ _____________
____________________ ___________________ _____________ _____________
____________________ ___________________ _____________ _____________
5. I believe that this will has been validly executed.
6. I have carefully searched for a document that revokes this will and have not
found such a document.
7. A personal representative has not been appointed in New Mexico or anywhere

else.
8. I do not know of any other probate action either in New Mexico or anywhere else.
9. (Choose one)
[] I have checked with the district court clerk about a demand for notice and
found no such demand. I have not received, and do not know of, any demand from
anyone for notice of any probate or related proceeding.
[] I am aware of a demand for notice and have sent the required notice to
each person who demanded notice.
10. The decedent died more than one hundred twenty (120) hours ago. It has not
been more than three (3) years since the decedent’s death.
WHEREFORE, I ask this court to
A. Enter an order informally probating the will of the decedent;
B. Appoint me as the personal representative of the estate of the decedent;
C. Allow me to serve without posting a bond, in an unsupervised

administration;
D. Ask the court clerk to issue Letters Testamentary to me; and
E. Order any other relief as this court believes to be appropriate.
_____________________________
_____________________________
Printed name
_____________________________
Date
_____________________________
Street address
_____________________________
_____________________________
_____________________________
(If anyone has an equal or higher priority than you for appointment as personal
representative, as discussed in Rule 1B-306 NMRA, Step 1, have each sign below to
show that person's consent to your serving as personal representative.)
I consent to the appointment of the personal representative listed above.

Name: ________________________________________________________________
Signature: _____________________________________________________________
Street address: _________________________________________________________
Name: ________________________________________________________________
Signature: _____________________________________________________________
Street address: _________________________________________________________
Name: ________________________________________________________________
Signature: _____________________________________________________________
Street address: _________________________________________________________
USE NOTES
1. See NMSA 1978, Section 45-3-203 for priority among persons seeking
appointment as personal representative and NMSA 1978, Section 45-3-301 for informal
appointment of a personal representative.
2. If the applicant is an "heir," as defined in Rule 1B-102 NMRA, use the bracketed
language.
ANNOTATIONS
technical changes; added “[For use with Rule 1B-306 NMRA]”, after “Review the
priorities for appointment set out in”, deleted “the instruction to this form, step 1, Probate
Form 4B-022” and added “Section 45-3-203(A) NMSA 1978 and Rule 1B-306”, after
each occurrence of “estate”, added “of the decedent”, added the affirmation provision
preceding the signature line, and removed the notarization portion of the form.
Withdrawals. — Pursuant to Supreme Court Order No. 18-8300-014, former 4B-302

NMRA, relating to notice to creditors, was withdrawn effective for all cases pending or
filed on or after December 31, 2018.
Recompilations. — Former Form 4B-102 NMRA, relating to application for informal

probate of will and for informal appointment of personal representative (will), was
recompiled and amended as 4B-302 NMRA, effective for all cases pending or filed on or
after December 31, 2018.
4B-303. Order of informal appointment of personal representative

(no will).
STATE OF NEW MEXICO
__________________ COUNTY
__________________, DECEASED.
ORDER OF INFORMAL
(NO WILL)
This matter comes before the court on the Application for Informal Appointment of
Personal Representative of the estate of the decedent and the court having considered
the application, FINDS that
1. The Application for Informal Appointment of Personal Representative is

complete;
2. The applicant has affirmed under penalty of perjury under the laws of the State of
New Mexico that the statements contained in the application are true and correct;
3. On the basis of the statements in the application, this court has jurisdiction;
4. On the basis of the statements in the application, venue is proper;
New Mexico that after the exercise of reasonable diligence, the applicant is unaware of
any unrevoked last will and testament or other testamentary instrument relating to
property in this state or under the laws of New Mexico, and the request for the
appointment does not relate to any will;
6. On the basis of the statements in the application, the applicant gave notice of the
filing of the application to each person demanding notice, if any;
7. It appears from the application that this proceeding was commenced within the
time limitations prescribed by the laws of the State of New Mexico;
8. The applicant is an interested person as defined by law, and is not disqualified to

serve as personal representative of the estate of the decedent;
9. From the statements in the application, the applicant has priority entitling the
applicant to be appointed as personal representative of the estate of the decedent; and
10. According to the application, no other personal representative has been

appointed in New Mexico or in any other state.
THEREFORE, THIS COURT ORDERS that
A. The application is granted;
B. The applicant ______________________ (name of applicant) is informally

appointed as the personal representative of the estate of the decedent, without bond, in
an unsupervised administration and
C. Letters of Administration shall be issued to the applicant upon the applicant’s

acceptance of the office of personal representative.
________________________________
Probate Judge
Submitted by:
______________________________
______________________________
Printed name
______________________________
Date
______________________________
Street address
______________________________
______________________________
_____________________________
USE NOTES
See NMSA 1978, Section 45-3-308 for proof and findings required prior to
appointment of personal representative and NMSA 1978, Section 45-3-307 for informal
appointment of personal representative.
ANNOTATIONS
applicant’s statements are true and correct, and made certain technical changes; added
“[For use with Rule 1B-304 NMRA]”; in Finding 2, after “applicant has”, deleted “made
oath or affirmation” and added “affirmed under penalty of perjury under the laws of the
State of New Mexico, and after “application are true”, deleted “to the best of the
applicant’s knowledge and belief” and added “are correct”, and in Finding 5, after
“applicant has”, deleted “made oath or affirmation” and added “affirmed under penalty of
perjury under the laws of the State of New Mexico”.
Recompilations. — Former Form 4B-103 NMRA, relating to order of informal

appointment of personal representative (no will), was recompiled and amended as 4B-
303 NMRA, effective for all cases pending or filed on or after December 31, 2018.
4B-304. Order of informal probate of will and appointment of
personal representative (will).
STATE OF NEW MEXICO
__________________ COUNTY
__________________, DECEASED.
ORDER OF INFORMAL PROBATE OF WILL AND

(WILL)
This matter comes before the court on the application for informal probate of the will
of the decedent and for informal appointment as personal representative of the estate of
the decedent. The court having considered the application, FINDS that
1. The Application for Informal Probate of Will and for Informal Appointment of
Personal Representative is complete;
New Mexico that the statements contained in the application are true and correct;
3. On the basis of the statements in the application, this court has jurisdiction;
4. On the basis of the statements in the application, this court has venue;
5. An original, duly executed, and apparently unrevoked will of the decedent is in

the possession of this court;
6. On the basis of the statements in the application, the applicant gave notice of the
filing of the application to each person demanding notice, if any;
7. It appears from the application that this proceeding was commenced within the
limitations prescribed by the laws of the State of New Mexico;
8. The applicant is an interested person as defined by law, and is not disqualified to

serve as personal representative of the estate of the decedent;
9. From the statements in the application and from the contents of the will, the
applicant has priority entitling the applicant to be appointed as personal representative
of the estate of the decedent; and
10. According to the application, no other personal representative has been

appointed in New Mexico or in any other state.
THEREFORE, THIS COURT ORDERS that
A. The application is granted;
B. The will of the decedent is informally probated;
C. The applicant ______________________ (name of applicant) is informally

appointed as the personal representative of the estate of the decedent, without bond, in
an unsupervised administration; and
D. Letters Testamentary shall be issued to the applicant upon the applicant’s

acceptance of the office of personal representative.
________________________________
Probate Judge
Submitted by:
______________________________
______________________________
Printed name
______________________________
Date
______________________________
Street address
______________________________
______________________________
______________________________
USE NOTES
See NMSA 1978, Section 45-3-308 for proof and findings required prior to
appointment of personal representative and NMSA 1978, Section 45-3-307 for informal
appointment of personal representative.
ANNOTATIONS
applicant’s statements are true and correct, and made certain technical changes; added
“[For use with Rule 1B-306 NMRA]”, in Finding 2, after “The applicant has”, deleted
“made oath or affirmation” and added “affirmed under penalty of perjury under the laws
of the State of New Mexico, and after “application are true’, deleted “to the best of the
applicant’s knowledge and belief” and added “and correct”.
Recompilations. — Former Form 4B-104 NMRA, relating to order of informal probate

of will and appointment of personal representative (will), was recompiled and amended
as 4B-304 NMRA, effective for all cases pending or filed on or after December 31, 2018.
4B-305. Acceptance of appointment as personal representative (no

will) (will).
STATE OF NEW MEXICO
__________________ COUNTY
__________________, DECEASED.
ACCEPTANCE OF
APPOINTMENT AS PERSONAL REPRESENTATIVE
(NO WILL) (WILL)
I, ____________________________, accept the duties of personal representative of
the estate of the decedent, and agree to perform the duties of the office to the best of
my abilities according to the law.
____________________
____________________
Printed name
____________________
Date
____________________
Street address
____________________
____________________
____________________
USE NOTES
See NMSA 1978, Section 45-3-307 and NMSA 1978, Section 45-3-601 for
acceptance of appointment of personal representative.
ANNOTATIONS
technical changes; added “[For use with Rules 1B-304 and 1B-306 NMRA]”, added the
of the form.
Recompilations. — Former Form 4B-105 NMRA, relating to acceptance of

appointment as personal representative (will) (no will), was recompiled and amended as
4B-305 NMRA, effective for all cases pending or filed on or after December 31, 2018.
4B-306. Letters of administration (no will).

STATE OF NEW MEXICO
__________________ COUNTY
__________________, DECEASED.
LETTERS OF ADMINISTRATION
(NO WILL)
TO WHOM IT MAY CONCERN:
Notice is now given that __________________________ (name of personal

representative) has been appointed to serve as the personal representative of the
estate of ___________________________, and has qualified as the personal
representative of the estate of the decedent by filing with the court a statement of
acceptance of the duties of that office.
The personal representative has all of the powers and authorities provided by law
and specifically, by Section 45-3-715 NMSA 1978.
Issued this ____ day of _________________, ______.
Clerk of the Probate Court
By:__________________________________
Deputy Clerk
(Seal)
USE NOTES
See NMSA 1978, Section 45-3-103 and NMSA 1978, Section 45-3-601 for issuance
of letters.
ANNOTATIONS
December 31, 2018, added “[For use with Rule 1B-304 NMRA]”.
Recompilations. — Former Form 4B-106 NMRA, relating to letters of administration

(no will), was recompiled and amended as 4B-306 NMRA, effective for all cases
4B-307. Letters testamentary (will).

STATE OF NEW MEXICO
__________________ COUNTY
__________________, DECEASED.
LETTERS TESTAMENTARY
(WILL)
Notice is now given that __________________________ (name of personal

representative) has been appointed to serve as the personal representative of the
estate of ___________________________, and has qualified as the personal
representative of the estate of the decedent by filing with the court a statement of
acceptance of the duties of that office.
The personal representative has all of the powers and authorities provided by law
and specifically, by Section 45-3-715 NMSA 1978.
Issued this ____ day of _________________, ______.

By:_________________________________
Deputy Clerk
(Seal)
USE NOTES
See NMSA 1978, Section 45-3-103 and NMSA 1978, Section 45-3-601 for issuance
of letters.
ANNOTATIONS
December 31, 2018, added “[For use with Rule 1B-306 NMRA]”.
Recompilations. — Former Form 4B-107 NMRA, relating to letters testamentary (will),

was recompiled and amended as 4B-307 NMRA, effective for all cases pending or filed
on or after December 31, 2018.
ARTICLE 4
Notice to Heirs, Devisees, and Any Person Filing a
Demand for Notice
4B-401. Notice of informal appointment of personal representative.
[For use with Rules 1B-304, 1B-306, and 1B-401 NMRA]
STATE OF NEW MEXICO
__________________ COUNTY
__________________, DECEASED.
NOTICE OF INFORMAL APPOINTMENT
OF PERSONAL REPRESENTATIVE
YOU ARE HEREBY NOTIFIED THAT
1. This notice is being sent to the heirs [and devisees]1 of the decedent.
2. On ________________, _____ (date), __________________ (personal

representative’s name) was appointed the personal representative of the estate of the
decedent in an informal proceeding under the Probate Code.
3. No bond has been filed.
4. All documents relating to the estate of the decedent are on file with the probate
court of _______________ County. They are available for your inspection.
5. The estate of the decedent is being administered by the personal representative

according to the terms of the Probate Code without supervision from the court. You are
entitled to information regarding the administration of the estate of the decedent from
the personal representative. You may also petition the court in any matter relating to the
estate of the decedent, including distribution of assets and expenses of administration.
Dated: _____________, _______.
_______________________________
Signature of personal representative
_______________________________
Printed name
_______________________________
Street address
_______________________________
_______________________________
_______________________________
USE NOTES
1. If the decedent had a will, use the bracketed language. See Rule 1B-102 NMRA
for the definition of a "devisee."
2. See NMSA 1978, Section 45-3-705 for notice of appointment of personal
representative.
ANNOTATIONS
December 31, 2018, made certain technical changes, and revised the Use Note; added
“[For use with Rules 1B-304, 1B-306, and 1B-401 NMRA]”; and in the Use Note, added
new Use Note 1 and redesignated the former undesignated use note as Use Note 2.
Recompilations. — Former Form 4B-201 NMRA, relating to notice of informal

appointment of personal representative, was recompiled and amended as 4B-401
NMRA, effective for all cases pending or filed on or after December 31, 2018.
4B-402. Proof of notice.

STATE OF NEW MEXICO
__________________ COUNTY
__________________, DECEASED.
PROOF OF NOTICE
I, __________________, am the personal representative of the estate of the

decedent. I have mailed a copy of the Notice of Informal Appointment of Personal
Representative to the following people at the addresses listed below (list all persons
named in the will, if there is a will, and all heirs, even if not named in a will):
Heirs and devisees
Name Address
__________________________________ __________________________________
__________________________________ __________________________________
__________________________________ __________________________________
__________________________________ __________________________________
People who have demanded notice
Name Address
__________________________________ __________________________________
__________________________________ __________________________________
__________________________________ __________________________________
__________________________________ __________________________________
Dated: ______________, __________.
__________________________________
__________________________________
Printed name
__________________________________
Street address
__________________________________
__________________________________
__________________________________
USE NOTES
See NMSA 1978, Section 45-3-705 for proof of notice of appointment.
ANNOTATIONS
December 31, 2018, made certain technical changes; added “[For use with Rules 1B-
304, 1B-306, and 1B-401 NMRA]”.
Recompilations. — Former Form 4B-202 NMRA, relating to proof of notice, was
ARTICLE 5
Notice to Creditors
4B-501. Notice to creditors by publication and notice to creditors by
written notice (mailing or other delivery).
STATE OF NEW MEXICO
__________________ COUNTY
__________________, DECEASED.
NOTICE TO CREDITORS
NOTICE IS HEREBY GIVEN that the undersigned has been appointed personal
representative of the estate of the decedent. All persons having claims against the
estate of the decedent are required to present their claims within four (4) months after
the date of the first publication of any published notice to creditors or sixty (60) days
after the date of mailing or other delivery of this notice, whichever is later, or the claims
will be forever barred. Claims must be presented either to the undersigned personal
representative at the address listed below, or filed with the Probate Court of
_______________ County, New Mexico, located at the following address:
____________________, ______________________.
Dated: _____________, ______.
____________________________________________
____________________________________________
Printed name
____________________________________________
Address
____________________________________________
____________________________________________
____________________________________________
USE NOTES
See NMSA 1978, Sections 45-3-801 to 45-3-803 for notice to creditors provisions.
ANNOTATIONS
December 31, 2018, expanded the time within which creditors must present their claims
against the decedent’s estate, and made certain technical changes; after “Notice to”,
deleted “known”, and after “creditors”, added “by publication and notice to creditors by
written notice (mailing or other delivery)”; in the title of the form, after “NOTICE TO”,
deleted “KNOWN”; after “present their claims within”, changed “two (2)” to “four (4)”, and
after “notice to creditors or”, added “sixty (60) days after”.
Recompilations. — Former Form 4B-301 NMRA, relating to notice to known creditors,

was recompiled and amended as 4B-501 NMRA, effective for all cases pending or filed
on or after December 31, 2018.
ARTICLE 6
Inventories and Accountings
4B-601. Inventory.
STATE OF NEW MEXICO
__________________ COUNTY
__________________, DECEASED.
INVENTORY
I, ___________________________, the personal representative of the estate of the

decedent, have prepared an inventory of the property of the estate of the decedent.
I am sending a copy of this document to the interested people who have requested
it. The inventory is as follows:
Estimated Value
Item Mortgage or Lien
on Date of Death
1. ____________________________________ $______________ $______________
2. ____________________________________ $______________ $______________
3. ____________________________________ $______________ $______________
4. ____________________________________ $______________ $______________
5. ____________________________________ $______________ $______________
6. ____________________________________ $______________ $______________
_____________________________
_____________________________
Date
_____________________________
Printed name
_____________________________
Street address
_____________________________
_____________________________
_____________________________
USE NOTES
See NMSA 1978, Sections 45-3-706 to 45-3-708 for preparation of inventory of

property owned by the decedent.
ANNOTATIONS
December 31, 2018, added “[For use with Rules 1B-304, 1B-306, and 1B-501 NMRA]”.
Recompilations. — Former Form 4B-401 NMRA, relating to inventory, was recompiled

and amended as 4B-601 NMRA, effective for all cases pending or filed on or after
December 31, 2018.
4B-602. Accounting.
STATE OF NEW MEXICO
__________________ COUNTY
__________________, DECEASED.
ACCOUNTING
I, ______________________, the personal representative of the estate of the

decedent, have prepared an accounting of the administration of the estate of the
decedent.
I am sending a copy of this document to the distributees whose interests are

affected by this accounting. The accounting is as follows:
Cash and Other Assets in the Estate

A. Items from Inventory (not sold) Value
1. ________________________________________ $_______________________
2. ________________________________________ $_______________________
3. ________________________________________ $_______________________
4. ________________________________________ $_______________________
5. ________________________________________ $_______________________
6. ________________________________________ $_______________________
B. Items Received Since the Value
Making of Inventory (not sold)
1. ________________________________________ $_______________________
2. ________________________________________ $_______________________
3. ________________________________________ $_______________________
4. ________________________________________ $_______________________
5. ________________________________________ $_______________________
C. Items Sold Sales Sales Net Amount
Price Expense Received
1. __________________________ $____________ $____________ $____________
2. __________________________ $____________ $____________ $____________
3. __________________________ $____________ $____________ $____________
4. __________________________ $____________ $____________ $____________
5. __________________________ $____________ $____________ $____________
6. __________________________ $____________ $____________ $____________
D. Income Received Amount
1. ________________________________________ $_______________________
2. ________________________________________ $_______________________
3. ________________________________________ $_______________________
4. ________________________________________ $_______________________
5. ________________________________________ $_______________________
Total of Cash and Other Assets: $___________________________________
Payments and Distributions
A. Payments to Creditors and Amount Paid
for Expenses of Administration
1. ________________________________________ $_______________________
2. ________________________________________ $_______________________
3. ________________________________________ $_______________________
4. ________________________________________ $_______________________
5. ________________________________________ $_______________________
6. ________________________________________ $_______________________
B. Distributions to Devisees or Heirs Value of
Distribution
1. ________________________________________ $_______________________
2. ________________________________________ $_______________________
3. ________________________________________ $_______________________
4. ________________________________________ $_______________________
5. ________________________________________ $_______________________
6. ________________________________________ $_______________________
Total of Payments and Distributions: $_______________________
(Total of Cash and Other Assets
should equal Total of Payments and Distributions.)
_______________________________________
_______________________________________
Printed name
_______________________________________
Date
_______________________________________
Street address
_______________________________________
_______________________________________
_______________________________________
ANNOTATIONS
December 31, 2018, added “[For use with Rules 1B-304, 1B-306, and 1B-501 NMRA]”.
Recompilations. — Former Form 4B-501 NMRA, relating to accounting, was

ARTICLE 7
Closing a Probate Proceeding
4B-701. Verified closing statement of the personal representative.
STATE OF NEW MEXICO

__________________ COUNTY
__________________, DECEASED.
VERIFIED CLOSING STATEMENT OF THE PERSONAL REPRESENTATIVE
I, ____________________, state that
1. I am the personal representative of the estate of the decedent;
2. The probate was filed more than six (6) months ago and the time for the
presentation of creditor’s claims has expired;
3. I have completed my work on the estate of the decedent. In order to do this, I
A. inventoried and estimated the value in writing of all of the decedent’s

property and encumbrances on this property;
B. resolved all claims that were presented to me, either by paying them or
otherwise taking care of them;
C. paid all the expenses of administration;
D. paid federal and state taxes that were due, including estate tax,
inheritance or other death taxes, and income taxes; and
E. distributed all the remaining assets, including decedent’s real property, if

any, to the people who were entitled to receive them, taking into account the family and
personal property allowances allowed by law. The distributions were in the appropriate
amounts;
4. I mailed a copy of this document to anyone entitled to a distribution from the

estate of the decedent. I also mailed a copy of the accounting of this estate to anyone
entitled to a distribution from this estate whose interests were affected by the
accounting;
5. As far as I know, there are no other actions pending in any court; and
6. By this closing statement, I am indicating to the court that I am closing the estate.
I affirm under penalty of perjury under the laws of the State of New Mexico that the
above statements are true and correct.
_________________________________________
_________________________________________
Printed name
_________________________________________
Date
_________________________________________
Address
_________________________________________
_________________________________________
_________________________________________
USE NOTES
WARNING: Do not submit this form to the court until you have completed ALL estate
work. Once this form is filed with the court, the personal representative no longer has
authority to act on behalf of the decedent’s estate.
ANNOTATIONS
December 31, 2018, expanded the time within which creditors may make claims against
the estate of the decedent, required the applicant to affirm under penalty of perjury that
the applicant’s statements are true and correct, removed the provision requiring the
technical changes; after “Verified”, added “closing”; and added “[For use with Rules 1B-
304, 1B-306, and 1B-601 NMRA]”, in the title of the form, after “VERIFIED”, added
“CLOSING”; in Paragraph 2, after “more than”, changed “three (3)” to “six (6)”, added
the affirmation provision preceding the signature line, and removed the notarization
portion of the form.
Recompilations. — Former Form 4B-502 NMRA, relating to verified statement of the
personal representative, was recompiled and amended as 4B-701 NMRA, effective for
all cases pending or filed on or after December 31, 2018.
4B-702. Verified small estate closing statement of the personal

representative.
STATE OF NEW MEXICO
__________________ COUNTY
__________________, DECEASED.
VERIFIED SMALL ESTATE CLOSING STATEMENT OF THE PERSONAL

REPRESENTATIVE
I, ____________________, state that
1. I am the personal representative of the estate of the decedent;
2. I have completed my work on the estate of the decedent. In order to do this, I
A. inventoried and estimated the value in writing of all of the decedent’s

property and encumbrances on this property;
B. determined to the best of my knowledge that the value of the entire estate,
less liens and encumbrances, does not exceed the family allowance, personal property
allowance, costs and expenses of administration, reasonable necessary medical and
hospital expenses of the last illness of the decedent, and reasonable funeral expenses;
and
C. distributed all the remaining assets, including decedent’s real property, if

any, to the people who were entitled to receive them, taking into account the family and
personal property allowances allowed by law. The distributions were in the appropriate
amounts;
3. I mailed a copy of this document to anyone entitled to a distribution from the

estate and to all creditors or other claimants of whom I am aware whose claims are
neither paid nor barred. I also mailed a copy of the accounting of this estate to anyone
entitled to a distribution from this estate whose interests were affected by the
accounting;
4. As far as I know, there are no other actions pending in any court; and
5. By this closing statement, I am indicating to the court that I am closing the estate
of the decedent.
I affirm under penalty of perjury under the laws of the State of New Mexico that the
above statements are true and correct.
_________________________________________
_________________________________________
Printed name
_________________________________________
Date
_________________________________________
Address
_________________________________________
_________________________________________
_________________________________________
USE NOTES
WARNING: Do not submit this form to the court until you have completed ALL estate
work. Once this form is filed with the court, the personal representative no longer has
authority to act on behalf of the decedent’s estate.
ARTICLE 8
Proof of Authority
4B-801. Proof of authority.
STATE OF NEW MEXICO
COUNTY OF ____________________
PROBATE COURT
IN THE MATTER OF THE ESTATE OF
__________________________, DECEASED No. __________
PROOF OF AUTHORITY
I, ____________________, domiciliary personal representative of the estate of the

decedent (including a tribal court appointee designated by a tribal court or the Bureau of
Indian Affairs), make the following statements and filings with the court so that I, as the
personal representative, may exercise all the powers of a local personal representative
for the estate of the decedent, as provided in Section 45-4-205 NMSA 1978, over
assets located in ____________________ County, State of New Mexico.
1. ____________________, deceased, was domiciled in ____________________

County, State of ____________________, at the time of death on
____________________.
2. The decedent died (choose one) [testate] [intestate].
3. By its order dated _______________, the court in ____________________

County, State of ____________________, opened the estate of the decedent in Case
No. _______________ and appointed me (choose one) [personal representative] [tribal
court appointee] of the estate of the decedent. An authenticated copy of the (choose
one) [order] [tribal appointment] appointing me as (choose one) [personal
representative] [tribal court appointee] is filed with this Proof of Authority.
4. I, the domiciliary foreign personal representative, was appointed and served

(choose one) [with] [without] bond as (choose one) [personal representative] [tribal court
appointee] of the estate of the decedent. An authenticated copy of the bond (if
applicable) is filed with this Proof of Authority.
5. (Choose one) [Letters of Administration] [Letters Testamentary] [equivalent

indicia of authority from a tribal court or the Bureau of Indian Affairs] was/were issued
on ____________________. An authenticated copy of the (choose one) [Letters of
Administration] [Letters Testamentary] [equivalent indicia of authority from a tribal court
or the Bureau of Indian Affairs] is filed with this Proof of Authority.
6. My address is ______________________________________________.
7. No local administration or application or petition for a local administration is
pending in the State of New Mexico.
___________________________________
Domiciled foreign personal representative (including a tribal court appointee)
(signature)
___________________________________
Printed name
___________________________________
Date
___________________________________
Address
___________________________________
City, state, and ZIP Code
___________________________________
___________________________________
filed on or after December 31, 2018; as amended by Supreme Court Order No. 21-
8300-019, effective for all cases pending or filed on or after December 31, 2021.]
ANNOTATIONS
December 31, 2021, provided that a “domiciliary foreign personal representative”
includes a tribal court appointee designated by a tribal court or the Bureau of Indian
Affairs to conform with amendments to Rule 1B-102 NMRA; in the introductory
paragraph, after “domiciliary personal representative of the estate of the decedent”,
added “(including a tribal court appointee designated by a tribal court or the Bureau of
Indian Affairs)”; in Paragraph 3, after “and appointed me”, deleted “personal
representative” and added “(choose one) [personal representative] [tribal court
appointee]”, after “authenticated copy of the”, deleted “order” and added “(choose one)
[order] [tribal appointment]”, and after “appointing me”, deleted “personal representative”
and added “(choose one) [personal representative] [tribal court appointee]”; in
Paragraph 4, after “bond as”, deleted “personal representative” and added “(choose
one) [personal representative] [tribal court appointee]”; in Paragraph 5, after each
occurrence of “[Letters Testamentary]”, added “[equivalent indicia of authority from a
tribal court or the Bureau of Indian Affairs]”, and in the affirmation, after “Domiciled
foreign personal representative”, added “(including a tribal court appointee)”.
4B-802. Certificate acknowledging receipt of documents related to

proof of authority.
STATE OF NEW MEXICO

COUNTY OF ____________________
PROBATE COURT
__________________________, DECEASED. No. __________
CERTIFICATE ACKNOWLEDGING RECEIPT OF DOCUMENTS

RELATED TO PROOF OF AUTHORITY
I, ____________________, Probate Judge of ____________________ County,

acknowledge receipt of the following documents related to proof of authority under
Section 45-4-204 NMSA 1978, in the above-captioned cause:
1. Authenticated copies of documents related to the appointment of the domiciliary

foreign personal representative (including a tribal court appointee designated by a tribal
court or the Bureau of Indian Affairs), and any official bond given; and
2. A statement of the domiciliary foreign personal representative’s address.
In accordance with Section 45-4-205 NMSA 1978, a domiciliary foreign personal

representative (including a tribal court appointee) who has complied with Section 45-4-
204 NMSA 1978 may, for assets in New Mexico, exercise all powers of a local personal
representative and may maintain actions and proceedings in New Mexico subject to any
conditions imposed on nonresident parties generally.
Witness my hand and seal of the Probate Court on _______________, _______.
(Seal)
_________________________
County Probate Judge
filed on or after December 31, 2018; as amended by Supreme Court Order No. 21-
8300-019, effective for all cases pending or filed on or after December 31, 2021.]
ANNOTATIONS
December 31, 2021, provided that a “domiciliary foreign personal representative”
includes a tribal court appointee designated by a tribal court or the Bureau of Indian
Affairs to conform with amendments to Rule 1B-102 NMRA; and in Paragraph 1, after
“domiciliary foreign personal representative”, added “(including a tribal court appointee
designated by a tribal court or the Bureau of Indian Affairs)”, and in the last
undesignated paragraph, after “domiciliary foreign personal representative”, added
“(including a tribal court appointee)”.
ARTICLE 9
Special Administration
4B-901. Application for informal appointment of special
administrator.
STATE OF NEW MEXICO
COUNTY OF _______________
PROBATE COURT
__________________________, DECEASED No. __________
APPLICATION FOR INFORMAL APPOINTMENT

OF SPECIAL ADMINISTRATOR
I, __________________________, state that
1. ____________________, the decedent, died on _______________ at the age of

__________. At death, the decedent lived in ________________ County, New Mexico.
A probate action has not been filed anywhere in New Mexico.
2. I had the following relationship with ____________________, decedent:
[] I am the surviving spouse.

[] I am one of the heirs of the estate.
[] I am an interested person because I am _______________ to the

decedent.
3. A special administrator is necessary prior to appointment of a general personal

representative to protect the estate of the decedent.
4. I am qualified to be appointed special administrator for the sole purpose of

collecting and managing the assets of the estate of the decedent, preserving them, and
accounting for and delivering the assets to the personal representative upon
appointment.
____________________________
____________________________
Printed name
____________________________
Date
____________________________
Address
____________________________
City, state, and ZIP Code
____________________________
____________________________
4B-902. Order appointing special administrator.

STATE OF NEW MEXICO

COUNTY OF _______________
PROBATE COURT
__________________________, DECEASED No. __________
ORDER APPOINTING SPECIAL ADMINISTRATOR
Upon the application of __________________________, a person known to be

interested in the estate of the decedent, for the appointment of a special administrator
pending the appointment of a general personal representative, and upon good cause
shown, the court finds that a special administrator should be appointed to secure and
protect the estate of the decedent.
IT IS, THEREFORE, ORDERED that ____________________ is hereby appointed

special administrator of the estate of the decedent, to collect and manage the assets of
the estate, to preserve them, to account for and deliver the assets to the general
personal representative upon appointment by the court, and until further order of the
court.
The court shall issue Letters of Special Administration upon the applicant’s
acceptance of the office of special administrator.
Witness my hand and seal of the probate court on ____________________,

_______.
________________________________
(Seal)
Submitted by:
______________________________
______________________________
Printed name
______________________________
Date
______________________________
Street address
______________________________
______________________________
______________________________
4B-903. Acceptance for appointment of special administrator.

STATE OF NEW MEXICO
COUNTY OF _______________
PROBATE COURT
__________________________, DECEASED No. __________
ACCEPTANCE FOR APPOINTMENT

OF SPECIAL ADMINISTRATOR
I, __________________________, accept the duties of special administrator of the

estate of the decedent and agree to collect and manage the assets of the estate of the
decedent, preserve them, and account for and deliver the assets to the general
personal representative upon appointment.
____________________________
____________________________
Printed name
____________________________
Date
____________________________
Address
____________________________
____________________________
____________________________
4B-904. Letters of special administration.

STATE OF NEW MEXICO
COUNTY OF _______________
PROBATE COURT
__________________________, DECEASED No. __________
LETTERS OF SPECIAL ADMINISTRATION
Notice is now given that ____________________ has been appointed to serve as

the special administrator of the estate of the decedent, and has qualified as the estate
of the decedent’s special administrator by filing with the court a statement of acceptance
of the duties of that office.
The special administrator shall have the limited power to collect and manage the
assets of the estate of the decedent, preserve them, and account for and deliver the
assets to the general personal representative upon appointment.
Issued this ____ day of ________________, _______.
________________________________
(Seal)
By: ____________________________
Deputy Clerk
ARTICLE 10
Transfer
4B-1001. Order transferring case from probate court to district
court.
STATE OF NEW MEXICO
COUNTY OF _______________
PROBATE COURT
__________________________, DECEASED No. __________
ORDER TRANSFERRING CASE FROM PROBATE COURT

TO DISTRICT COURT
The probate court hereby transfers the above-captioned matter to the district court
for the following reason(s):
[ ] The probate court judge has declined the application for informal probate of a will
under Section 45-3-305 NMSA 1978.
[ ] The probate court judge has declined the application for informal appointment of
a personal representative under Section 45-3-309 NMSA 1978.
[ ] The probate court judge has declined to act due to a conflict of interest.
[ ] An evidentiary hearing may be required.
A general description of the issue presented is as follows: _____________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
IT IS, THEREFORE, ORDERED that the case in the matter of the Estate of
____________________, Deceased, Probate Court No. _______________ filed in the
probate court of _______________ County, be transferred to the _______________
(insert number of the district court, such as Second, Thirteenth, etc.) Judicial District
Court for _______________ County, New Mexico, for further proceedings.
IT IS FURTHER ORDERED that _________________ shall pay any filing fee

required by the district court.
Witness my hand and seal of the Probate Court on __________________________,

__________.
______________________________________
(Seal)
ANNOTATIONS
Table of Corresponding Forms

The table below lists the former form number and the corresponding new number, and
the new form number and the corresponding former form number pursuant to Supreme
Court Order No. 18-8300-014.
Former Form Corresponding New Form Corresponding Former
New Form No.
No. No. Form No.
4B-001 Recomp. as 1B-301 4B-101 New
4B-002 Recomp. as 1B-102 4B-201 4B-601
4B-003 Recomp. as 1B-302 4B-202 4B-602
4B-011 Recomp. as 1B-303 4B-301 4B-101
4B-012 Recomp. as 1B-304 4B-302 4B-102
4B-021 Recomp. as 1B-305 4B-303 4B-103
4B-022 Recomp. as 1B-306 4B-304 4B-104
4B-101 Recomp. as 4B-301 4B-305 4B-105
4B-102 Recomp. as 4B-302 4B-306 4B-106
4B-103 Recomp. as 4B-303 4B-307 4B-107
4B-104 Recomp. as 4B-304 4B-401 4B-201
4B-105 Recomp. as 4B-305 4B-402 4B-202
4B-106 Recomp. as 4B-306 4B-501 4B-301
4B-107 Recomp. as 4B-307 4B-601 4B-401
4B-201 Recomp. as 4B-401 4B-602 4B-501
4B-202 Recomp. as 4B-402 4B-701 4B-502
4B-302 Withdrawn 4B-801 New
4B-601 Recomp. as 4B-201 4B-1001 New
4B-602 Recomp. as 4B-202

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Probate Court Forms

TESTATE (WILL) INTESTATE (NO WILL)

See Rules 1B-102, 1B-306(B) See Rules 1B-102, 1B-304(B) NMRA

See Rules 1B-305, 1B-306(D) See Rules 1B-303, 1B-304(D) NMRA

See Rule 1B-306(F)(2) NMRA See Rule 1B-304(F)(2) NMRA

See Rules 1B-305, 1B-306(C)(1) See Rules 1B-303, 1B-304(C)(1)

See Rules 1B-102, 1B-306(H)(1) See Rules 1B-102, 1B-304(H)(1)

STATE OF NEW MEXICO

IN THE PROBATE COURT

IN THE MATTER OF THE ESTATE OF No. __________

AFFIDAVIT OF POVERTY AND INDIGENCY

I, the applicant, state that

A. I wish to start an action in the probate court of ____________ County, New

Recompilations. — Former Form 4B-601 NMRA, relating to affidavit of poverty and

STATE OF NEW MEXICO

IN THE PROBATE COURT

IN THE MATTER OF THE ESTATE OF No. __________

ORDER ALLOWING FREE PROCESS

IT IS THEREFORE ORDERED THAT

Recompilations. — Former Form 4B-602 NMRA, relating to order allowing free

STATE OF NEW MEXICO

IN THE PROBATE COURT

IN THE MATTER OF THE ESTATE OF No. __________

APPLICATION FOR INFORMAL

I, ____________________, state that

[] I am the surviving spouse of the decedent.

[] I am one of the heirs of the estate of the decedent.

[] I am an interested person, including a creditor of the decedent, and forty-

2. The decedent died on _________________ (date), at the age of _____. At

[] lived in _________ County, New Mexico.

Name Address Relationship Age

5. A personal representative has not been appointed in New Mexico or anywhere

WHEREFORE, I ask this court to

A. Appoint me as the personal representative of the estate of the decedent;

B. Allow me to serve without posting a bond, in an unsupervised

C. Ask the court clerk to issue Letters of Administration to me; and

D. Order any other relief as this court believes to be appropriate.

I consent to the appointment of the personal representative listed above.

Relationship to decedent: _________________________________________________

Street address: _________________________________________________________

City, state, and ZIP code: _________________________________________________

Relationship to decedent: _________________________________________________

Street address: _________________________________________________________

City, state, and ZIP code: _________________________________________________

Relationship to decedent: _________________________________________________

City, state, and ZIP code: _________________________________________________

Relationship to decedent: _________________________________________________

Street address: _________________________________________________________

City, state, and ZIP code: _________________________________________________

Recompilations. — Former Form 4B-101 NMRA, relating to application for informal

STATE OF NEW MEXICO

IN THE PROBATE COURT

IN THE MATTER OF THE ESTATE OF No. __________

APPLICATION FOR INFORMAL

I, ____________________, state that

[] I have been nominated in the will of the decedent.

[] I am the surviving spouse of the decedent and am listed in the will as a

[] I am an interested person, including a creditor of the decedent, and forty-

2. The decedent died on _________________ (date), at the age of _____. At

[] lived in _________ County, New Mexico.

2. The decedent died on _____________ (date), at the age of _. At

2. The decedent died on _____________ (date), at the age of _. At

Issued this day of _______, .

Issued this day of _______, .