FAQs

Common Reasons or FAQs

 

I need to obtain medical records and the hospital will not release medical records until I have been court appointed Personal Representative and have been issued Letters of Administration (no will) or Letters Testamentary (with will).
*In order to obtain the Letters you are required to file a probate.


I’m the oldest child, so I have priority to serve as Personal Representative.
*All heirs have equal priority for appointment as Personal Representative.


There are five siblings I’m the oldest and all have agreed that I will be the Applicant or court appointed Personal Representative on behalf of the Estate.
*The other four (4) siblings are required to sign the consent(s) on the Application.


My deceased loved one left a will and I am the nominated individual in the will as Executor or Personal Representative, now what do I do?
*You have been nominated in the will but have not legally been court appointed Personal Representative by the Probate Court, you may do so by filing the proper probate forms in the county where the decedent was a resident of.


Why do I have to submit the original will? 
*Pursuant to NMSA Uniform Probate Code, 45-3-301 (B) (1) the original will is required.


I had power of attorney, so I am the Executor
or Personal Representative.
*A power of attorney expires when the Principal dies, the Agent no longer has power nor has higher priority for appointment.


The decedent did not name me as beneficiary or POD on the bank accounts and the bank will not release the funds or share any information until I am court appointed Personal Representative on behalf of the Estate what do I do?
*To be court appointed Personal Representative you are required to file a probate.


Do all estates require to be probated? 
*Not all estates require probate it depends on how the decedent’s real and personal property was titled.


How soon can I sell the house or vacant land (real property)?
*After you have been court appointed Personal Representative, you will have the legal authority to transfer or sell real property located in Sandoval County, State of New Mexico via a “Personal Representative Deed”.  This deed requires you to file it with the Sandoval County Clerk’s office.