Rule 1B-201 - Commencement of a probate proceedingThe probate courts shall accept applications for informal probates of wills and administrations and informal applications for special administrations of estates.
A.Filing of application or proof of authority. A probate proceeding is commenced by filing any of the following with the court: (1) an application for informal appointment of a personal representative or for informal probate of a will under Section 45-3-301 NMSA 1978;(2) an application for informal appointment of a special administrator under Section 45-3-614 NMSA 1978; or(3) a proof of authority for a domiciliary foreign personal representative under Section 45-4-204 NMSA 1978. A death certificate shall not be required by the probate court. The probate court's determination to grant or deny the relief requested shall be based on the information provided in the application or proof of authority. B.Prompt action required. When an application or a proof of authority is filed, the probate court shall act promptly.C.Opposition; transfer. If any interested person opposes the relief requested in an application for informal probate of a will, administration of an estate, appointment of a personal representative or special administrator, or a proof of authority, the probate court shall transfer the case to the district court in the county where the probate case is pending under Rule 1B-701 NMRA.Approved by Supreme Court Order No. 18-8300-014, effective for all cases pending or filed on or after12/31/2018.