N.M. Prob. Ct. Forms. 4B-701

As amended through August 23, 2024

Rule 4B-701 - Verified closing statement of the personal representative

[For use with Rules 1B-304, 1B-306, and 1B-601 NMRA] STATE OF NEW MEXICO

IN THE PROBATE COURT

__________________ COUNTY

IN THE MATTER OF THE ESTATE OF

No. __________

__________________ , DECEASED.

VERIFIED CLOSING STATEMENT OF THE PERSONAL REPRESENTATIVE

I, ____________________ , state that

1. I am the personal representative of the estate of the decedent;

2. The probate was filed more than six (6) months ago and the time for the presentation of creditor's claims has expired;

3. I have completed my work on the estate of the decedent. In order to do this, I

A. inventoried and estimated the value in writing of all of the decedent's property and encumbrances on this property;

B. resolved all claims that were presented to me, either by paying them or otherwise taking care of them;

C. paid all the expenses of administration;

D. paid federal and state taxes that were due, including estate tax, inheritance or other death taxes, and income taxes; and

E. distributed all the remaining assets, including decedent's real property, if any, to the people who were entitled to receive them, taking into account the family and personal property allowances allowed by law. The distributions were in the appropriate amounts;

4. I mailed a copy of this document to anyone entitled to a distribution from the estate of the decedent. I also mailed a copy of the accounting of this estate to anyone entitled to a distribution from this estate whose interests were affected by the accounting;

5. As far as I know, there are no other actions pending in any court; and

6. By this closing statement, I am indicating to the court that I am closing the estate.

I affirm under penalty of perjury under the laws of the State of New Mexico that the above statements are true and correct.

_________________________________________

Signature of personal representative

_________________________________________

Printed name

_________________________________________

Date

_________________________________________

Address

_________________________________________

City, state, and ZIP code

_________________________________________

Telephone number (optional)

_________________________________________

Email address (optional)

USE NOTES

WARNING: Do not submit this form to the court until you have completed ALL estate work. Once this form is filed with the court, the personal representative no longer has authority to act on behalf of the decedent's estate.

N.M. Prob. Ct. Forms. 4B-701

Approved, effective September 15, 2000; as amended by Supreme Court Order No. 07-8300-005, effective March 1, 2007; 4B-502 recompiled and amended as 4B-701 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, expanded the time within which creditors may make claims against the estate of the decedent, required the applicant to affirm under penalty of perjury that the applicant's statements are true and correct, removed the provision requiring the applicant to sign and date the form in the presence of a notary, and made certain technical changes; after "Verified", added "closing"; and added "[For use with Rules 1B-304, 1B-306, and 1B-601 NMRA]", in the title of the form, after "VERIFIED", added "CLOSING"; in Paragraph 2, after "more than", changed "three (3)" to "six (6)", added the affirmation provision preceding the signature line, and removed the notarization portion of the form. Recompilations. - Former Form 4B-502 NMRA, relating to verified statement of the personal representative, was recompiled and amended as 4B-701 NMRA, effective for all cases pending or filed on or after December 31, 2018.