New Mexico Small Estate Affidavit

Per New Mexico statutes Section 3-1204 [45-3-1204 NMSA 1978], a decedent who owned property in the state and does not leave a last will and testament will either have their real estate sent to probate court, or heirs may file a small estate affidavit to claim the property as long as the value is $50,000. The home, land, or homestead title will be transferred to the heir or heirs who file the affidavit. This form may be filed up to 2 years after the decedent’s passing.

How to Write

Step 1 – Download in Adobe PDF or Microsoft Word (.doc).

Step 2 – Enter the following into the form:

• Header – Enter Superior Court (See List)
• Name of Decedent
• Date of Birth
• Case Number
• Check the three (3) boxes depending on your situation
• Date and Sign
• Verification – On the last page you will be required to verify that everything you have stated is true and accurate

Step 3 – Bring a certified copy of the death certificate and file the form with the proper clerk or courthouse.