N.M. Prob. Ct. Forms. 4B-304

As amended through August 23, 2024

Rule 4B-304 - Order of informal probate of will and appointment of personal representative ( will )

[For use with Rule 1B-306 NMRA]

STATE OF NEW MEXICO

IN THE PROBATE COURT

__________________ COUNTY

IN THE MATTER OF THE ESTATE OF No. __________

__________________ , DECEASED.

ORDER OF INFORMAL PROBATE OF WILL AND APPOINTMENT OF PERSONAL REPRESENTATIVE

(WILL)

This matter comes before the court on the application for informal probate of the will of the decedent and for informal appointment as personal representative of the estate of the decedent. The court having considered the application, FINDS that

1. The Application for Informal Probate of Will and for Informal Appointment of Personal Representative is complete;

2. The applicant has affirmed under penalty of perjury under the laws of the State of New Mexico that the statements contained in the application are true and correct;

3. On the basis of the statements in the application, this court has jurisdiction;

4. On the basis of the statements in the application, this court has venue;

5. An original, duly executed, and apparently unrevoked will of the decedent is in the possession of this court;

6. On the basis of the statements in the application, the applicant gave notice of the filing of the application to each person demanding notice, if any;

7. It appears from the application that this proceeding was commenced within the limitations prescribed by the laws of the State of New Mexico;

8. The applicant is an interested person as defined by law, and is not disqualified to serve as personal representative of the estate of the decedent;

9. From the statements in the application and from the contents of the will, the applicant has priority entitling the applicant to be appointed as personal representative of the estate of the decedent; and

10. According to the application, no other personal representative has been appointed in New Mexico or in any other state.

THEREFORE, THIS COURT ORDERS that

A. The application is granted;

B. The will of the decedent is informally probated;

C. The applicant ______________________ (name of applicant) is informally appointed as the personal representative of the estate of the decedent, without bond, in an unsupervised administration; and

D. Letters Testamentary shall be issued to the applicant upon the applicant's acceptance of the office of personal representative.

________________________________

Probate Judge

Submitted by:

______________________________

Signature of applicant

______________________________

Printed name

______________________________

Date

______________________________

Street address

______________________________

City, state, and ZIP code

______________________________

Telephone number (optional)

______________________________

Email address (optional)

USE NOTES

See NMSA 1978, Section 45-3-308 for proof and findings required prior to appointment of personal representative and NMSA 1978, Section 45-3-307 for informal appointment of personal representative.

N.M. Prob. Ct. Forms. 4B-304

Approved, effective September 15, 2000; as amended by Supreme Court Order No. 07-8300-005, effective March 1, 2007; 4B-104 recompiled and amended as 4B-304 by Supreme Court Order No. 18-8300-014, effective for all cases pending or filed on or after December 31, 2018.

ANNOTATIONS The 2018 amendment, approved by Supreme Court Order No. 18-8300-014, effective December 31, 2018, required the applicant to affirm under penalty of perjury that the applicant's statements are true and correct, and made certain technical changes; added "[For use with Rule 1B-306 NMRA]", in Finding 2, after "The applicant has", deleted "made oath or affirmation" and added "affirmed under penalty of perjury under the laws of the State of New Mexico, and after "application are true', deleted "to the best of the applicant's knowledge and belief" and added "and correct". Recompilations. - Former Form 4B-104 NMRA, relating to order of informal probate of will and appointment of personal representative (will), was recompiled and amended as 4B-304 NMRA, effective for all cases pending or filed on or after December 31, 2018.