Form 4B-101. Opening and closing a probate court case (Flow chart).

OPENING AND CLOSING A PROBATE COURT CASE TESTATE (WILL) INTESTATE (NO WILL) Step 1 Locate Will (Original required) 1. 2. 3. 4. 5. Identify Devisees Identify Heirs Identify County and choose whether to file in Probate Court or District Court If Decedent died more than three years ago or the original will cannot be located, the case must be filed in District Court Check for demand for notice in District Court 1. 2. 3. Identify Heirs Identify County and choose whether to file in Probate Court or District Court Check for demand for notice in District Court See Rules 1B-102, 1B-301, 1B- 302, 1B-305 NMRA See Rules 1B-102, 1B-301, 1B-302, 1B-303 NMRA   Step 2 File an Application to Probate Will and Appoint Personal Representative (PR) See Rules 1B-102, 1B-302, 1B- 305, 1B-306(A)(1) NMRA and Form 4B-302 NMRA File an Application to Appoint Personal Representative (PR) See Rules 1B-102, 1B-302, 1B-303, 1B-304(A)(1) NMRA and Form 4B- 301 NMRA   Step 3 Obtain Order to Informally Probate Will and Appoint PR; file an Obtain Order to Informally Appoint PR; file an Acceptance of Acceptance of Appointment; have Clerk issue Letters Testamentary See Rule 1B-306(A)(2)-(4) NMRA and Forms 4B-304, 4B-305, 4B- 307 NMRA Appointment; have Clerk issue Letters of Administration See Rule 1B-304(A)(2)-(4) NMRA and Forms 4B-303, 4B-305, 4B-306 NMRA   Step 4 Within 30 days of Appointment, Send Notice of Appointment, Order, and copy of Will to Devisees, Heirs, and any person who has filed a demand for notice See Rules 1B-102, 1B-306(B) NMRA and Forms 4B-401, 4B-402 NMRA Within 30 days of Appointment, Send Notice of Appointment and Order to Heirs and any person who has filed a demand for notice See Rules 1B-102, 1B-304(B) NMRA and Forms 4B-401, 4B-402 NMRA   Step 5 Decide whether to Notify Creditors If Creditors will be notified, (a) send notice, (b) publish notice, OR (c) both See Rules 1B-102, 1B-305, 1B- 306(C) NMRA and Form 4B-501 NMRA Decide whether to Notify Creditors If Creditors will be notified, (a) send notice, (b) publish notice, OR (c) both See Rules 1B-102, 1B-303, 1B- 304(C) NMRA and Form 4B-501 NMRA   Step 6 Collect/Inventory Assets of the Decedent, Value Assets (within 3 months of appointment), and Determine Debts of the Decedent Inventory does not have to be filed with the court See Rules 1B-305, 1B-306(D) NMRA and Form 4B-601 NMRA Collect/Inventory Assets of the Decedent and Value Assets (within 3 months of appointment), and Determine Debts of the Decedent Inventory does not have to be filed with the court See Rules 1B-303, 1B-304(D) NMRA and Form 4B-601 NMRA   Step 7 Pay the Family Allowance ($30,000) and Personal Property Pay the Family Allowance ($30,000) and Personal Property Allowance Allowance ($15,000) if required See Rules 1B-102, 1B-305, 1B- 306(E) NMRA ($15,000) if required See Rules 1B-102, 1B-303, 1B- 304(E) NMRA   Step 8 Pay costs and expenses of administration See Rules 1B-102, 1B-305, 1B- 306(F)(1) NMRA Pay costs and expenses of administration See Rules 1B-102, 1B-303, 1B- 304(F)(1) NMRA   Step 9 Pay Creditors or Dispute Claims See Rules 1B-102, 1B-305, 1B- 306(F)(2)-(4) NMRA Pay Creditors or Dispute Claims See Rules 1B-102, 1B-303, 1B- 304(F)(2)-(4) NMRA   If you did not deal with Creditors, you should wait a year from date of death to distribute assets, or you may owe unpaid Creditors See Rule 1B-306(F)(2) NMRA If you did not deal with Creditors, you should wait a year from date of death to distribute assets, or you may owe unpaid Creditors See Rule 1B-304(F)(2) NMRA Or Or If you published notice to Creditors, sent notice to known Creditors, and paid all Creditors with allowed claims, and if the time for Creditors to make their claims has elapsed, you may distribute assets See Rules 1B-305, 1B-306(C)(1) NMRA If you published notice to Creditors, sent notice to known Creditors, and paid all Creditors with allowed claims, and if the time for Creditors to make their claims has elapsed, you may distribute assets See Rules 1B-303, 1B-304(C)(1) NMRA   Step Prepare an Accounting of Administration, which does not have to be filed with the court, send the Accounting to Devisees and those who filed a demand for notice, and distribute remaining assets to Devisees Prepare an Accounting of Administration, which does not have to be filed with the court, send the Accounting to Heirs and those who filed a demand for notice, and distribute remaining assets to Heirs See Rules 1B-102, 1B-306(H)(1) NMRA and Form 4B-602 NMRA See Rules 1B-102, 1B-304(H)(1) NMRA and Form 4B-602 NMRA   Step Close probate and estate when you meet the requirements in the Verified Statement See Rule 1B-306(H)(2), (3) NMRA and Forms 4B-701, 4B-702 NMRA Close probate and estate when you meet the requirements in the Verified Statement See Rule 1B-304(H)(2), (3) NMRA and Forms 4B-701, 4B-702 NMRA