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 the decedent, but in many cases will not be related to them in some way, such as a child or a surviving spouse. The affidavit of heirship of a disinterested person is defined under New Mexico statute 45-3-1201.
How to Write
Step 1 – Download in Adobe PDF or Microsoft Word (.doc).
Step 2 – Fill-in the following blanks respectively:
- Identify all heirs of the estate
- Your legal name and address
- List your relationship with the decedent
- Timeline of relationship
- Name of any/all spouses including date(s) or marriage, divorce, and death (if any)
- Name of any/all children including date(s) or marriage, divorce, and death (if any)
- Name of any/all grandchildren including date(s) or marriage, divorce, and death (if any)
- Name of any/all parents including date(s) or marriage, divorce, and death (if any)
- Name of any/all brothers & sisters including date(s) or marriage, divorce, and death (if any)
- Name of any/all nieces & nephews including date(s) or marriage, divorce, and death (if any)
Step 3 – Bring a certified copy of the death certificate and sign the document before a notary public.
