4B 102 Form PDF Details

Navigating the process of probate following the passing of a loved one in New Mexico requires familiarity with specific forms, among which the 4B 102 form is crucial. This form facilitates the informal probate of a will and the informal appointment of a personal representative, who is often referred to as an executor in other states. The form is detailed and requires the applicant to affirm their relationship to the deceased, thereby establishing their eligibility to act as the personal representative under the state's probate code. It mandates the submission of the original will, outlines the necessity of listing all devisees, and requires a declaration confirming the validity and execution of the will. Additionally, the form includes provisions for the applicant to state that no personal representative has been appointed previously and that there are no competing probate actions, either within New Mexico or in another jurisdiction. Applicants must also disclose any demands for notice of probate proceedings that they are aware of. The form's completion culminates in a request for the court to formally recognize the will and appoint the applicant as the personal representative, potentially without bond requirement in an unsupervised administration setting. This document is foundational for individuals seeking to manage the estate of a deceased loved one in New Mexico, providing a structured pathway to settling the deceased’s affairs.

QuestionAnswer
Form Name4B 102 Form
Form Length5 pages
Fillable?No
Fillable fields0
Avg. time to fill out1 min 15 sec
Other namesnew mexico probate form 4b 102, nm probate forms, las cruces nm magistrate court, new mexico 4b 102

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4B-102

STATE OF NEW MEXICO

IN THE PROBATE COURT

______________________COUNTY

IN THE MATTER OF THE ESTATE OF

No. __________

___________________________, DECEASED.

APPLICATION FOR INFORMAL

PROBATE OF WILL

AND FOR INFORMAL APPOINTMENT OF PERSONAL

REPRESENTATIVE

(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 one)

(Review the priorities for appointment set out in the instructions to this form, Step 1, Probate Form 4B-022 NMRA.)

[ ] I have been nominated in the will of the decedent;

[] I am the surviving spouse of the decedent and am listed in the will as a devisee;

[ ] I am one of the devisees of the estate as listed in the will;

[] I am the surviving spouse of the decedent, but am not listed in the will as a devisee;

[] I am one of the heirs of the estate, but am not listed in the will as a devisee;

[] 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 as set out in the Uniform Probate Code.

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 am filing the original of the will of the decedent, dated ________, at the same time I am filing this application. I believe that this is the current and correct will.

4.The following is a list of the devisees named in the will, [including myself] , together with a list of decedent’s spouse, children and heirs who may not be named in the will, if any:

Name

Full

Relationship

Age

 

Address

to decedent

(if minor)

__________________

_________________

______________

_____

 

_________________

 

 

__________________

_________________

______________

_____

 

_________________

 

 

__________________

_________________

______________

_____

 

_________________

 

 

__________________

_________________

______________

_____

 

_________________

 

 

5.I believe that this will has been validly executed.

6.I have carefully searched for a document that revokes this will and have not found such a document.

2

7.A personal representative has not been appointed in New Mexico or anywhere else.

8.I do not know of any other probate action either in New Mexico or anywhere else.

9.(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;

10.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.

WHEREFORE, I ask this court to:

A.Enter an order informally probating the will of the decedent;

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

C.Allow me to serve without posting a bond, in an unsupervised administration,

D.Ask the court clerk to issue Letters Testamentary to me; and

E.Order such other relief as this court believes to be appropriate.

________________________________

Signature of applicant

________________________________

Printed name

________________________________

Address

_______________________________

City/State/Zip Code

________________________________

Telephone number

3

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

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, Probate Form 4B- 105, 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: ________________________

4

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.

5

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When it comes to blanks of this precise document, here's what you should consider:

1. Firstly, while filling out the nm probate forms, beging with the section that includes the next blank fields:

Simple tips to prepare magistrate court forms otero county n m part 1

2. Your next part is to fill in these particular fields: I state that who died the, I have been nominated in the, a devisee, I am one of the devisees of the, will as a devisee, I am one of the heirs of the, devisee, I am an interested person, and fortyfive days have elapsed since.

Writing segment 2 of magistrate court forms otero county n m

3. This next part focuses on The decedent died on date at the, Because of this relationship I, I am filing the original of the, The following is a list of the, myself together with a list of, Full Address, Age if minor , Relationship to decedent, and Name have not found - type in each of these empty form fields.

Stage no. 3 in filling in magistrate court forms otero county n m

4. This next section requires some additional information. Ensure you complete all the necessary fields - Name have not found, I believe that this will has been, and I have carefully searched for a - to proceed further in your process!

Filling in section 4 of magistrate court forms otero county n m

Be extremely mindful while completing I have carefully searched for a and I believe that this will has been, as this is where most people make errors.

5. The final step to complete this PDF form is integral. You'll want to fill out the required fields, which includes anywhere else anywhere else I, I am aware of a demand for, Choose one, The decedent died more than, A Enter an order informally, It has not been more than three , B Appoint me as the personal, and C Allow me to serve without, before finalizing. If not, it can give you an incomplete and possibly nonvalid paper!

Step # 5 of filling in magistrate court forms otero county n m

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