4B 101 Form PDF Details

Navigating the complexities of settling an estate without a will in New Mexico requires a thorough understanding of certain legal forms, among which the 4B-101 form stands out as a pivotal document. This form, officially titled "Application for Informal Appointment of Personal Representative (No Will)," is used by individuals seeking to be appointed as the personal representative of an estate when the decedent has passed away intestate—that is, without leaving a will. It outlines the applicant's relationship to the decedent, substantiating their eligibility for the role based on various qualifications such as being a surviving spouse, an heir, or another interested person. Furthermore, the form demands a sworn statement regarding the search for a will, the absence of any prior appointments of a personal representative, and the lack of ongoing probate actions elsewhere. A notable aspect of this form is its flexibility, accommodating estates where the decedent had been a resident of New Mexico or owned property in the state. Applicants are also required to disclose information about the decedent's death, assert the timeliness of their application, and, crucially, secure consent from others with equal or higher priority for appointment. By encapsulating a comprehensive approach to the initial steps in administrating an intestate estate, the 4B-101 form serves as an essential tool for ensuring a smooth transition of assets to the decedent's successors, thereby illustrating the intricate balance between legal procedure and personal responsibility.

QuestionAnswer
Form Name4B 101 Form
Form Length4 pages
Fillable?No
Fillable fields0
Avg. time to fill out1 min
Other namescourt 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

Form Preview Example

4B-101

 

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;

(Choose 1. Note: Review the priorities for appointment set out in the instructions to this form, step 1, Probate Form 4B-012 NMRA.)

[] I am the surviving spouse of the decedent; or

[] I am one of the heirs of the estate; or

[] 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.

[] I have been nominated as personal representative and the signatures of those with priority who have concurred on my appointment are attached.

Because of this relationship, I have an interest in the estate, and I am willing to serve as personal representative of the decedent's estate. 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)

[ ] (a) lived in ______________ County, New Mexico or

[ ] (b) 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]. I have discovered the following information:

Name

Full

Relationship

Age

 

Address

to decedent

(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;

2

7.(Choose one)

[] I have checked with the district court 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; or

[] 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. It has not been more than three (3) years since the decedent's death.

[] The decedent died more than three (3) years ago, but informal appointment is necessary to confirm title in the successors to the estate.

WHEREFORE, I ask this court to:

A.Appoint me as the personal representative of the decedent's estate;

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 such other relief as this court believes to be appropriate.

________________________________

Signature of applicant

________________________________

Printed name

________________________________

Address

________________________________

City/State/Zip Code

________________________________

Telephone number

STATE OF NEW MEXICO

)

)ss.

COUNTY OF ________________)

I, _____________________, am the applicant. I state, upon oath, that the

application, and the statements in it, are true and correct as far as I know and believe.

___________________________

Signature of applicant

3

SIGNED AND SWORN TO before me this ____ day of ________________,

_______ by _________________________.

 

___________________________

 

Notary Public

(Seal)

My commission expires:

 

______________________

(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 NOTE

1.See Section 45-3-203 NMSA 1978 for priority among persons seeking appointment as personal representative and Section 45-3-301 NMSA 1978 for informal appointment of a personal representative.

2.If the applicant is an “heir”, as defined in 4B-002 NMRA, use the bracketed language.

4

How to Edit 4B 101 Form Online for Free

It's a breeze to prepare the new mexico probate forms. Our software was created to be easy-to-use and let you fill in any document swiftly. These are the four steps to go through:

Step 1: Get the button "Get Form Here" and hit it.

Step 2: The file editing page is currently available. You can include text or edit current information.

Enter the appropriate content in each section to fill in the PDF new mexico probate forms

completing probate new mexico forms stage 1

Write down the demanded particulars in I am the surviving spouse of the, I am one of the heirs of the, I am an interested person, fortyfive days have elapsed since, I have been nominated as, and Because of this relationship I area.

stage 2 to entering details in probate new mexico forms

Identify the key data in the Check if applicable, Anyone who has equal or higher, to my appointment by signing this, The decedent died on date at the, At death the decedent choose one, a lived in County New Mexico or, I have carefully searched for all, Name, Full Address, Relationship to decedent, and Age if minor field.

Check if applicable, Anyone who has equal or higher, to my appointment by signing this, The decedent died on  date at the, At death the decedent choose one, a lived in  County New Mexico or, I have carefully searched for all, Name, Full Address, Relationship to decedent, and Age if minor in probate new mexico forms

Inside the section I have looked carefully and, did not find one I believe that, A personal representative has not, anywhere else, I do not know of any other, and anywhere else, place the rights and responsibilities of the parties.

probate new mexico forms I have looked carefully and, did not find one I believe that, A personal representative has not, anywhere else, I do not know of any other, and anywhere else blanks to fill

End by analyzing the next sections and completing the pertinent details: Choose one, I have checked with the district, and found no such demand I have, I am aware of a demand for, notice to each person who demanded, Choose one, The decedent died more than, ago It has not been more than, The decedent died more than, WHEREFORE I ask this court to, A Appoint me as the personal, B Allow me to serve without, and administration.

probate new mexico forms Choose one, I have checked with the district, and found no such demand I have, I am aware of a demand for, notice to each person who demanded, Choose one, The decedent died more than, ago It has not been more than, The decedent died more than, WHEREFORE I ask this court to, A Appoint me as the personal, B Allow me to serve without, and administration fields to fill

Step 3: Press the Done button to be sure that your finished form could be transferred to any type of device you end up picking or mailed to an email you indicate.

Step 4: You will need to make as many duplicates of your file as you can to stay away from potential worries.

Watch 4B 101 Form Video Instruction

Please rate 4B 101 Form

1 Votes
If you believe this page is infringing on your copyright, please familiarize yourself with and follow our DMCA notice and takedown process - click here to proceed .