Use of forms. The New Mexico Supreme Court has approved forms for use in probate court by people who are representing themselves in the process. The forms are available at your county probate court and on the New Mexico Supreme Court website. The forms serve a useful, but limited, purpose. They will assist you in completing the necessary paperwork for most routine, simple probate cases.

The forms are for use by people who are willing and qualified to act as a personal representative. This is the person who will collect and value the assets of the estate, pay the debts of the estate, and distribute the remaining assets. A personal representative is a fiduciary who has special obligations to the estate, creditors, heirs, and devisees. The court holds a personal representative to a high legal standard. If you are willing to undertake this position, you should do it with extreme care and caution and pay very careful attention to the necessary details. Because of the fiduciary role that you will be undertaking, it is a good idea to seek help from a lawyer experienced in probate.

You should fill out the forms carefully. Several of the forms have statements in them that do not require you to fill in a blank. However, before you sign the form or submit it to the judge, you must be sure that the statements are true in your case. If not, change the form as needed. When you sign the forms, you are telling the judge under penalty of perjury under the laws of the State of New Mexico, that the information is true and correct. Please check each form you sign to make sure that it is true and correct.

There are two distinct processes and form sets depending on whether the deceased died without a valid will (Intestate) or had a valid will (Testate). 

REVIEW the following NM Supreme Court Forms and Rules for additional information:

Form 4B-101 Opening and Closing a Probate to determine appropriate forms.

Rule 1B-301 Probate Forms; limited purpose and cautions regarding use of forms

Rule 1B-302 General Instructions for Probate Forms

• INTESTATE FORMS (NO WILL)
• TESTATE FORMS (WILL)
• PROOF OF AUTHORITY 
• AFFIDAVIT OF SMALL ESTATE