New Mexico executor and estate paperwork checklist

This is an organizer, not legal advice. An estate attorney or the county probate/surrogate office answers questions about your situation.

The first 30 days

Plain steps that apply wherever the person lived, with the small estate dates for this state. Ticks stay on your screen only.

1. Ask for certified death certificates, more than you thinkThe funeral director or vital records office issues them. Institutions often keep the copy you send, so plan on one each.
2. Make sure Social Security knowsFuneral homes generally report the death. If not, call 1-800-772-1213 (TTY 1-800-325-0778). A surviving spouse, or some children if there's no spouse, may get a one-time $255 payment.
3. Track down the willCheck the home, a safe deposit box and the lawyer who drafted it. Leave the original exactly as you found it and work from copies.
4. Check the will for a self-proving affidavitLook for a notarized statement by the witnesses attached to the will; this state allows one (see below).
5. Keep the house and vehicles safeTell the insurer about the death so coverage stays in place, take photos of what's inside, and redirect the mail.
6. Hold off on paying debts or giving things awayWait until you know which route applies and who has authority. If something can't wait, ask the probate clerk or an attorney.
7. Put the power of attorney awayA power of attorney ends at the principal's death. Whoever was the agent no longer signs for the person.
8. List what the person owned and owedNote how each asset is held: in the person's name alone, jointly, or with a named beneficiary. Accounts with a beneficiary or joint owner usually pass outside the will.
9. Check the total against $50,000The official page's small estate figure. Leave out anything the page says isn't counted.
10. Count 30 days from the deathThat's when the official page says the small estate paperwork can be used.
11. Keep an account of every transactionWrite down each payment and each deposit with the date and a receipt; heirs and the court may ask to see it.
12. Once you have authority: EIN and an estate accountThe IRS says you need an EIN before filing the estate's Form 1041, which is due if the estate has more than $600 of gross income in a year.

Sources for the federal steps: Social Security Administration: When someone dies · IRS: Deceased taxpayers, filing the estate income tax return (Form 1041) · power of attorney: Power of attorney at a real estate closing.

The small estate route

• ConfirmedSmall estate limit

  An estate totaling less than $50,000 with no real property.

  "If the total amount of your estate is less than $50,000"

  Source: New Mexico Courts Self-Representation: Probate, checked November 2026

• ConfirmedReal estate

  Real estate in the person's name alone takes the estate out of this procedure.

  Source: New Mexico Courts Self-Representation: Probate, checked November 2026

• ConfirmedWaiting period after the death

  30 days. At least 30 days after the death, with no application for a personal representative.

  "at least 30 days have passed since the decedent's death"

  Source: New Mexico Courts Self-Representation: Probate, checked November 2026

• ConfirmedNotary or oath

  Signed before a notary. Signed by the person entitled to the property and notarized.

  "The affidavit must be signed by the person entitled to receive the decedent's property and notarized."

  Source: New Mexico Courts Self-Representation: Probate, checked November 2026

• ConfirmedWhere the paperwork goes

  Handed to the bank or other holder. Presented to whoever holds the property.

  "presenting a sworn statement or affidavit to the person holding the property"

  Source: New Mexico Courts Self-Representation: Probate, checked November 2026

• Not confirmedOfficial form

  Not confirmed — check New Mexico Courts Self-Representation: Probate.

• ConfirmedSimplified court procedure

  Affidavit of surviving spouse (primary residence): The residence can pass to the surviving spouse without probate when its assessed value is no more than $500,000 and at least 6 months have passed; notarized and filed with the county clerk.

  Source: New Mexico Courts Self-Representation: Probate, checked November 2026

• ConfirmedSurviving spouse

  A primary residence assessed at $500,000 or less can pass to the surviving spouse by affidavit after 6 months.

  "the full value of the residence, as assessed for property tax purposes, does not exceed $500,000"

  Source: New Mexico Courts Self-Representation: Probate, checked November 2026

• ConfirmedWorth knowing

  Vehicles can be transferred with the Motor Vehicle Department's own form.

  Source: New Mexico Courts Self-Representation: Probate, checked November 2026

The will at probate

When the will goes to the court, these signing rules are what it is checked against.

• ConfirmedWitnesses the will needed

  At least two witnesses, who sign in the presence of the testator and of each other.

  "at least two individuals, each of whom signed in the presence of the testator and of each other"

  Source: NMSA 1978 Chapter 45, Uniform Probate Code, unannotated (New Mexico Compilation Commission, NMOneSource), checked November 2026

• ConfirmedSelf-proving affidavit

  Allowed. The testator's acknowledgment and the witnesses' affidavits are each made before an officer authorized to administer oaths.

  "each made before an officer authorized to administer oaths"

  Source: NMSA 1978 Chapter 45, Uniform Probate Code, unannotated (New Mexico Compilation Commission, NMOneSource), checked November 2026

• ConfirmedIf the will is handwritten

  Not recognized: the probate code's definition of a will excludes a holographic will.

  "'Will' does not include a holographic will."

  Source: NMSA 1978 Chapter 45, Uniform Probate Code, unannotated (New Mexico Compilation Commission, NMOneSource), checked November 2026

• ConfirmedA witness who inherits

  A will, or any part of it, isn't invalid because an interested witness signed it.

  "The signing of a will by an interested witness does not invalidate the will or any provision of it."

  Source: NMSA 1978 Chapter 45, Uniform Probate Code, unannotated (New Mexico Compilation Commission, NMOneSource), checked November 2026

Documents to gather

• The last few years of tax returns
• Recent bills, loan and credit card statements
• Pension, Social Security and benefit letters
• Safe deposit box location and keys
• Certified death certificates
• The original will and any codicils
• Deeds and mortgage statements
• Vehicle titles and registrations
• Recent bank, brokerage and retirement statements
• Life insurance policies and annuities

Who to notify

Life insurance companies, Utilities and phone, Landlord or mortgage servicer, Credit card companies, Pension or employer, Social Security (if the funeral home hasn't), Banks and credit unions, Brokerage and retirement accounts. A brief letter and a copy of the death certificate usually start each one; note the date and the person you reached.

Documents needed abroad

• ConfirmedA death certificate needed abroad

  Apostilles for this state's documents come from the New Mexico Secretary of State, Business Services Division. $3 per document (statutory fee). Vital records: Certified copies come only from the State Registrar of Vital Records.

  Source: New Mexico Secretary of State, Business Services Division, checked November 2026

Where to ask

An estate attorney or the county probate/surrogate office answers questions about your situation. Official pages for New Mexico:

• New Mexico Courts Self-Representation: Probate
• NMSA 1978 Chapter 45, Uniform Probate Code, unannotated (New Mexico Compilation Commission, NMOneSource)

Still to confirm

• Official form: check New Mexico Courts Self-Representation: Probate

General information, not legal, tax or financial advice. We are not lawyers, and MCC Solutions is not a law firm. An estate attorney or the county probate/surrogate office answers questions about your situation. Facts checked November 2026.

Common questions

Related: Executor guide by state · Small estate affidavit details · Estate paperwork help