The 4B 101 form is New Mexico's official document for initiating informal probate when a person dies without a will. Filing this application gives you legal authority to manage the estate as a personal representative, including collecting assets, paying debts and taxes, and distributing property to the heirs of the deceased.
New Mexico assigns appointment priority in a set order. A surviving spouse has the highest priority, followed by heirs according to their degree of kinship to the deceased. Creditors and other interested persons may apply if no one with higher priority is willing or able to serve. You must obtain signed written waivers from anyone with equal or higher priority before the court will process your application.
The form requires a sworn statement confirming that you conducted a thorough search for a will and found none, that no personal representative has been appointed in any other state, and that no formal probate proceedings are pending anywhere. The decedent must have been a New Mexico resident or must have owned property in the state. The application must be filed within three years of the date of death.
For estates that qualify under the state's small estate threshold, a New Mexico Small Estate Affidavit may be a faster and simpler alternative to full probate. You can also find related estate documents, including the Certificate of Death form, in our library.
| Question | Answer |
|---|---|
| Form Name | 4B 101 Form |
| Form Length | 4 pages |
| Fillable? | No |
| Fillable fields | 0 |
| Avg. time to fill out | 1 min |
| Other names | court new mexico probate, here to file a probate case in new mexico, probate new mexico forms, how to file a formal probate in new mexico |
