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Application For Informal Probate Of Will And For Informal Appointment Of Personal Representative (Will) 4B-102 - New Mexico
| Application For Informal Probate Of Will And For Informal Appointment Of Personal Representative (Will) Form. This is a New Mexico form and can be used in Probate Court Statewide . |
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Page 1 of 4 4B-102 STATE OF NEW MEXICO IN THE PROBATE COURT _______________ COUNTY No. __________ IN THE MATTER OF THE ESTATE OF ______________________, DECEASED. APPLICATION FOR INFORMAL PROBATE OF WILL AND FOR INFORMAL APPOINTMENT OF PERSONAL REPRESENTATIVE (WILL)1 I, ____________________, state that: 1. I had the following relationship with __________________, the person who died (the decedent), that qualifies me to act as personal representative of the estate. (Choose one.) (Review the priorities for appointment set out in the instructions to this form, Step 1, Probate Form 4B-022 NMRA.) [] [] [] [] [] [] I have been nominated in the will of the decedent. I am the surviving spouse of the decedent and am listed in the will as a devisee. I am one of the devisees of the estate as listed in the will. I am the surviving spouse of the decedent, but am not listed in the will as a devisee. I am one of the heirs of the estate, but am not listed in the will as a devisee. I am an interested person, including a creditor of the decedent and forty-five (45) days have elapsed since the date of death of the decedent. Because of this relationship, I have an interest in the estate, and I am willing to serve as personal representative of the decedent's estate. I am not disqualified to act as personal representative. I do not know of anyone else who is interested in serving as personal representative who has priority to serve as set out in the Uniform Probate Code. 2. The decedent died on _________________ (date), at the age of _____. At death, the decedent (Choose one.) [] lived in _________ County, New Mexico or [] did not live in New Mexico, but lived in ______________ County, State of __________________ and owned property in _____________ County, New Mexico. American LegalNet, Inc. www.FormsWorkflow.com http://www.supremecourt.nm.org/supctforms/probate/VIEW/4b-102.html 3/16/2007 Page 2 of 4 3. I am filing the original of the will of the decedent, dated _______________, at the same time I am filing this application. I believe that this is the current and correct will. 4. The following is a list of the devisees named in the will, [including myself]2, together with a list of the decedent's spouse, children and heirs who may not be named in the will, if any: Name __________________ __________________ __________________ __________________ 5. Address _____________ _____________ _____________ _____________ Relationship to decedent ____________ ____________ ____________ ____________ Age (if minor) ________ ________ ________ ________ I believe that this will has been validly executed. 6. I have carefully searched for a document that revokes this will and have not found such a document. 7. 8. 9. A personal representative has not been appointed in New Mexico or anywhere else. I do not know of any other probate action either in New Mexico or anywhere else. (Choose one.) [] I have checked with the district court clerk about a demand for notice and found no such demand. I have not received, and do not know of, any demand from anyone for notice of any probate or related proceeding; or I am aware of a demand for notice and have sent the required notice to each person who demanded notice. [] 10. The decedent died more than one-hundred (120) hours ago. It has not been more than three (3) years since the decedent's death. WHEREFORE, I ask this court to: A. B. C. D. E. Enter an order informally probating the will of the decedent; Appoint me as the personal representative of the decedent's estate; Allow me to serve without posting a bond, in an unsupervised administration, Ask the court clerk to issue Letters Testamentary to me; and Order such other relief as this court believes to be appropriate. ________________________________ Signature of applicant American LegalNet, Inc. www.FormsWorkflow.com http://www.supremecourt.nm.org/supctforms/probate/VIEW/4b-102.html 3/16/2007 Page 3 of 4 ________________________________ Printed name ________________________________ Street address ________________________________ City, state and zip code ________________________________ Telephone number STATE OF NEW MEXICO COUNTY OF ______________ ) )ss. ) I, _________________, am the applicant. I state, upon oath, that the application, and the statements in it, are true and correct as far as I know and believe. ___________________________ Signature of applicant SIGNED AND SWORN TO before me this ____ day of ________________, _____ by __________________. ___________________________ Notary Public (Seal) My commission expires: ______________________ (If anyone has an equal or higher priority than you for appointment as personal representative, as discussed in the instructions for this form, Probate Form 4B-105 NMRA, Step 1, have each sign below to show that person's consent to your serving as personal representative.) I consent to the appointment of the personal representative listed above. Name: _______________________________________ Signature: ________________________________ Relationship to decedent: ____________________ Street address: ______________________________ City, state and zip code: ____________________ Name: _______________________________________ Signature: ________________________________ Relationship to decedent: ____________________ Street address: ______________________________ City, state and zip code: ____________________ Name: _______________________________________ Signature: __________________________________ American LegalNet, Inc. www.FormsWorkflow.com http://www.supremecourt.nm.org/supctforms/probate/VIEW/4b-102.html 3/16/2007 Page 4 of 4 Relationship to decedent: ____________________ Street address: ______________________________ City, state and zip code: ____________________ USE NOTE 1. See Section 45-3-203 NMSA 1978 for priority among persons seeking appointment as personal representative and Section 45-3-301 NMSA 1978 for informal appointment of a personal representative. If the applicant is an "heir", as defined in 4B-002 NMRA, use the bracketed language. 2. American LegalNet, Inc. www.FormsWorkflow.com http://www.supremecourt.nm.org/supctforms/probate/VIEW/4b-102.html 3/16/2007
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