N.M. Prob. Ct. Forms. 4B-301

As amended through August 23, 2024

Rule 4B-301 - Application for informal appointment of personal representative ( no will )

[For use with Rule 1B-304 NMRA]

STATE OF NEW MEXICO

IN THE PROBATE COURT

__________________ COUNTY

IN THE MATTER OF THE ESTATE OF

No. __________

__________________ , 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 to Decedent	Age (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.

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)

(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: _____________________________________________________________

Relationship to decedent: _________________________________________________

Street address: _________________________________________________________

City, state, and ZIP code: _________________________________________________

Name: ________________________________________________________________

Signature: _____________________________________________________________

Relationship to decedent: _________________________________________________

Street address: _________________________________________________________

City, state, and ZIP code: _________________________________________________

Name: ________________________________________________________________

Signature: _____________________________________________________________

Relationship to decedent: _________________________________________________

Street address: _________________________________________________________

City, state, and ZIP code: _________________________________________________

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.

N.M. Prob. Ct. Forms. 4B-301

Approved, effective September 15, 2000; as amended by Supreme Court Order No. 07-8300-005, effective March 1, 2007; 4B-101 recompiled and amended as 4B-301 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, 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 affirmation provision preceding the signature line, and removed the notarization portion 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.