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 “disinterested party,” and therefore have their own New Mexico statute, 45-3-1202. The personal property may not exceed $30,000 in value and the decedent may not have had a will.
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.
