New Mexico Small Estate Affidavit | Affidavit of Heirship

New Mexico probate and heirship law defines a distinction between a “disinterested person” and an “heir.” A disinterested party will administer the intestate property, but will not profit or benefit from that process, while an heir actually inherits the estate. If a loved one dies in New Mexico without a will, then the family can avoid probate court on small estates by filing an affidavit of heirship or a small estate affidavit to claim personal property and real estate.

Affidavits of Heirship -Disinterested Party vs. Heirs: New Mexico offers two affidavits of heirship – disinterested parties and heirs. A disinterested person is not a direct relative of the decedent, but someone who knows the decedent and has a reason to administer the estate. “Heirs” are considered blood relatives or relatives by marriage.

Small Estate Affidavit: Successors may file a small estate affidavit in New Mexico to collect real estate such as homes, land, and even homestead estates.



Adobe PDF | Microsoft Word (.doc)

If a decedent leaves an estate without a will that values less than $30,000, a “disinterested party” may file an affidavit of heirship specifically involving the claim that this third party will administer the estate to the heirs, but will not profit from doing so. This third party should know…

Adobe PDF | Microsoft Word (.doc)

The heirs of a decedent who wish to administer their loved one’s personal property, such as bank accounts or trusts, without going through probate court may file an affidavit of heirship for heirs, meaning they will profit in some way from receiving the decedent’s personal property. They are not a…

Adobe PDF | Microsoft Word (.doc)

Per New Mexico statutes Section 3-1204 [45-3-1204 NMSA 1978], a decedent who owned property in the state and does not leave a last will and testament will either have their real estate sent to probate court, or heirs may file a small estate affidavit to claim the property as long…