What is Probate?

A probate refers to the process which determines how a person’s assets are to be distributed after their death. This is done in a probate or district court. Many people in New Mexico pass away without a will (intestate), which frequently results in a probate proceeding. If you have a loved one who died without a will, it is imperative that you contact an attorney. 

During these proceedings, a person’s estate is generally distributed among their remaining family members. If they had children, there are ways the inheritance will be divided. Intestate proceedings can pass property to a surviving spouse, children, and other family members.

 

A person’s estate is more than just their house. It is any belongings and assets that legally belong to that person. This means their property, land, personal property, vehicles, and more.

If a person has a will, they generally still need a probate. During probate, an executor or personal representative is appointed to distribute the estate according to the will or applicable intestate provisions. If the personal representative does not distribute the assets according to the provisions of the will or according to law, you should contact an attorney as soon as possible. During probate, we can also help you move property out of the name of the decedent into the names of the heirs, or help with the sale of the property.

Probate Representation and Assistance

If you have a family member who has passed away, we can help you through the process of a probate proceeding. When a person passes away without a will, the probate process can last from months to several years.

Probate proceedings can also become extremely complicated if any of the family members cause contention and contest any of the decisions made by the court. We can help represent you or the person who has passed away, and help you honor their wishes.

Some people may only need a consultation to help them know what to do during a probate and how to handle the case themselves. We can give you guidance and advise you how to proceed in the best way for your situation.

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The information contained in this website is provided for advertisement and general informational purposes only and should not be construed as legal advice on any matter. The information on this website, in whole or in part, does not constitute or create an attorney-client relationship between our firm and any reader. You should not send us any confidential information in response to this webpage. The material of this website may not reflect the most current legal developments and is subject to revision. We disclaim all liability in respect to actions taken or not taken based on any or all of the content of this site to the fullest extent permitted by law. Do not act or refrain from acting upon the information contained on this website without seeking professional legal counsel.