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.