Last updated: 5/14/2019
Application For Informal Appointment Of Personal Representative (No will) {4B-301}
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Description
4B-301. Application for informal appointment of personal representative (no will).[For use with Rule 1B-304 NMRA]STATE OF NEW MEXICO IN THE PROBATE COURT COUNTYIN THE MATTER OF THE ESTATE OFNo. , DECEASED.APPLICATION FOR INFORMAL APPOINTMENT OF PERSONAL REPRESENTATIVE (NO WILL)1I, , state that1.I had the following relationship with , the person whodied (the decedent), that qualifies me to act as personal representative of the estate of thedecedent1:(Choose one)(Review the priorities for appointment set out in Section 45-3-203(A) NMSA 1978 and Rule 1B-304 NMRA.)[ ]I am the surviving spouse of the decedent.[ ]I am one of the heirs of the estate of the decedent.[ ]I am an interested person, including a creditor of the decedent, andforty-five (45) days have elapsed since the date of death of the decedent. Because of this relationship, I have an interest in the estate of the decedent, and I amwilling to serve as personal representative of the estate of the decedent. I am not disqualified toact as personal representative. I do not know of anyone else who is interested in serving aspersonal representative who has priority to serve.(Check if applicable)[ ]Anyone who has equal or higher priority to serve has consented below tomy appointment by signing this form.2.The decedent died on (date), at the age of . At death,the decedent American LegalNet, Inc. www.FormsWorkFlow.com (Choose one)[ ]lived in County, New Mexico.[ ]did not live in New Mexico, but lived in County, State of and owned property in County, New Mexico.3.I have carefully searched for all of the names and addresses of the decedent222sspouse, children, and other heirs [including myself].2 I have discovered the followinginformation: NameAddressRelationshipAgeto Decedent(if minor) 4.I have looked carefully and thoroughly for a will of the decedent and did not findone. I believe that the decedent died without a will.5.A personal representative has not been appointed in New Mexico or anywhereelse.6.I do not know of any other probate action either in New Mexico or anywhere else.7.(Choose one)[ ]I have checked with the district court clerk about a demand for notice andfound no such demand. I have not received, and do not know of, any demand from anyone fornotice of any probate or related proceeding.[ ]I am aware of a demand for notice and have sent the required notice toeach person who demanded notice.8.(Choose one)[ ]The decedent died more than one hundred twenty (120) hours ago and lessthan three (3) years ago.[ ]The decedent died more than three (3) years ago, but an informalappointment is necessary to confirm title in the successors to the estate of the decedent.WHEREFORE, I ask this court toA.Appoint me as the personal representative of the estate of the decedent; American LegalNet, Inc. www.FormsWorkFlow.com B.Allow me to serve without posting a bond, in an unsupervisedadministration;C.Ask the court clerk to issue Letters of Administration to me; andD.Order any other relief as this court believes to be appropriate.I affirm under penalty of perjury under the laws of the State of New Mexico that all of theabove statements are true and correct. Signature of applicantPrinted nameDateStreet addressCity, state, and ZIP codeTelephone number (optional)Email address (optional)(If anyone has an equal or higher priority than you for appointment as personal representative,as discussed in the instructions for this form, Step 1, have each sign below to show that person222sconsent 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: American LegalNet, Inc. www.FormsWorkFlow.com Signature: Relationship to decedent: Street address: City, state, and ZIP code: Name: Signature: Relationship to decedent: Street address: City, state, and ZIP code: USE NOTE1.See NMSA 1978, Section 45-3-203 for priority among persons seekingappointment as personal representative and NMSA 1978, Section 45-3-301 for informalappointment of a personal representative.2.If the applicant is an 223heir,224 as defined in Rule 1B-102 NMRA, use the bracketedlanguage.[Approved, effective September 15, 2000; as amended by Supreme Court Order No.07-8300-005, effective March 1, 2007; 4B-101 recompiled and amended as 4B-301 by SupremeCourt Order No. 18-8300-014, effective for all cases pending or filed on or after December 31,2018.] American LegalNet, Inc. www.FormsWorkFlow.com