Probate is the judicial process for transferring the property of a person who has died (called a decedent).  根据以下任何一项转让财产:

1. 死者的遗嘱，或
2. according to New Mexico’s laws of interstate succession if the decedent died without a Will.

 
The probate court appoints legally qualified persons (called personal representatives) to manage and settle the decedent’s business affairs.  Personal representatives pass the deceased person’s estate property - real and personal - to the rightful recipients.  Recipients might include heirs, devisees named in a valid and current will, or creditors. 

State law limits the jurisdiction of the Probate Courts to:

• 承认遗嘱为非正式遗嘱认证
• Appointing personal representatives informally (without a hearing)
• 委任特别遗产管理人
• Issuing Certificates of Full 政府 of the estate

State law also allows 遗嘱认证的法官s to perform marriages within their county only. 布斯塔曼特法官不主持婚礼. Please contact the County 职员's Office for a list of registered officiants.

No matter when or where a Will was originally made, you would use the Dona Ana County Probate Court if:

• The decedent was domiciled in Dona Ana County at the time of death (i.e. Dona Ana County was the permanent place of decedent’s abode), or,
• The decedent lived outside of New Mexico but owned property in Dona Ana County

正式遗嘱认证, 继承权的决定, 竞争激烈的情况下, and trust matters cannot be heard by the Probate Court, 而是必须提交地方法院.

除了处理非正式的遗嘱认证案件, the probate Court provides general information on process (how to file), 记录存档的内容, title searches and wills) and information about court history.

Not all estates require a probate or a personal representative. Much depends on how the decedent’s property was titled. 但是当遗嘱认证是必要的时候, the person seeking appointment as Personal Representative applies to the Probate Court (or the District Court) to obtain authority to act on behalf of the decedent’s estate.

Normally, a probate must be filed within three years following the decedent’s death. New Mexico law says that no probate may be filed during the first 120 hours (5 days) following the death.

一旦遗嘱认证案件立案, it should be kept open until all creditors receive notice, 使索赔, 缴纳税款，分配财产. 一旦遗嘱认证结束, the Personal Representative no longer has authority to act for the Estate.

The docket fee to file for informal probate in the Probate Court is $30.00. 提交文件的认证费用为1美元.每份文件00美元. 法庭复制文件的费用为1美元.每页00. 法院接受借记卡/信用卡(3美元).00 processing fee applies), cash, checks, 钱的订单 or cashier’s checks.
 
If probate applications are being dropped off for review, 请注意，只有支票, 钱的订单, or cashier’s checks payable to Doña安娜县 职员 are accepted. We do not accept cash or credit cards in this instance.

开启遗嘱认证所需的文件:

• 正本及有效遗嘱(包括遗嘱附录)
• 死亡证明
• 结婚证书

The initial Application must include an original Death Certificate.

遗产文件(称为诉状), 原始遗嘱, 如果有任何, and proper payment are presented together to the Court for review and appointment of the personal representative and/or probate of the Will, 如果有任何. The initial Application must be signed by the applicant in the presence of a notary public and should include an original Death Certificate. Applicants must submit complete, accurate, and truthful pleadings to the Court.

If, 出于某种原因, 法院不接受遗产, all payments and pleadings are returned to the applicant. 一旦法院开启遗嘱认证案, 不能退款, 但是会给申请方一份收据.

Each pleading is presented with original  documents. The Court keeps the original and returns endorsed copies to the filing party. The use of white out is not permitted, mistakes can be lined through and initialed. 文件应单面打印.

Once the Judge signs the Order appointing the Personal Representative, the Court issues 字母遗嘱 (in cases where the decedent left a valid will) or 行政管理书 (in cases where the decedent did not leave a valid will). These Letters give the Personal Representative legal authority to conduct the decedent’s estate business.

Examples of matters to arise in a probate case include, but are not limited to:

• Legally changing title to real property owned by the decedent to name of new owner(s)
• Legally changing title to personal property, such as bank accounts, stocks , bonds, etc.
• 支付债权人
• Filing decedent’s income taxes and estate taxes, if necessary

Probate Court cases can be filed with or without the help of an attorney. diy表格是可用的. These forms can be downloaded for free from the Supreme Court’s web site: nmsupremecourt.nmcourts.政府 或者以5美元的价格购买.00英镑. Sometimes after reviewing the packet of paperwork involved and the responsibilities of serving as personal representative of an estate, 人们会聘请律师. Knowing when to obtain competent legal services when needed is essential. The Court can provide information, but not legal services.

了解更多信息, 参见新墨西哥州法规注释(NMSA) 1978, 章45, 小册子67(统一遗嘱认证守则).