Application For Informal Probate And Informal Appointment Of Personal Representative {4B-302} | Pdf Fpdf Docx | New Mexico

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Application For Informal Probate And Informal Appointment Of Personal Representative {4B-302} | Pdf Fpdf Docx | New Mexico

Last updated: 5/14/2019

Application For Informal Probate And Informal Appointment Of Personal Representative {4B-302}

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4B-302. Application for informal probate of will and for informal appointment of personalrepresentative (will).[For use with Rule 1B-306 NMRA]STATE OF NEW MEXICOIN THE PROBATE COURT COUNTYIN THE MATTER OF THE ESTATE OFNo. , DECEASED.APPLICATION FOR INFORMALPROBATE OF WILLAND FOR INFORMAL APPOINTMENT OF PERSONAL REPRESENTATIVE(WILL)1I, , state that1.I had the following relationship with , the person who died(the decedent), that qualifies me to act as personal representative of the estate of the decedent1:(Choose one)(Review the priorities for appointment set out in Section 45-3-203(A) NMSA 1978 and Rule 1B-306 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 adevisee.[ ]I am one of the devisees of the estate of the decedent as listed in the will.[ ]I am the surviving spouse of the decedent, but am not listed in the will as adevisee.[ ]I am one of the heirs of the estate of the decedent, but am not listed in thewill as a devisee.[ ]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 as American LegalNet, Inc. www.FormsWorkFlow.com personal representative who has priority to serve.2.The decedent died on (date), at the age of . At death, the decedent(Choose one)[ ]lived in County, New Mexico.[ ]did not live in New Mexico, but lived in County, Stateof and owned property in County, New Mexico.3.I am filing the original of the will of the decedent, dated , atthe 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 decedent222s spouse, children, and heirs who may not be named in thewill, if any:NameAddressRelationshipAgeTo Decedent(if minor) 5.I believe that this will has been validly executed.6.I have carefully searched for a document that revokes this will and have not foundsuch a document.7.A personal representative has not been appointed in New Mexico or anywhereelse.8.I do not know of any other probate action either in New Mexico or anywhere else.9.(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. American LegalNet, Inc. www.FormsWorkFlow.com 10.The decedent died more than one hundred twenty (120) hours ago. It has not beenmore than three (3) years since the decedent222s death.WHEREFORE, I ask this court toA.Enter an order informally probating the will of the decedent;B.Appoint me as the personal representative of the estate of the decedent;C.Allow me to serve without posting a bond, in an unsupervisedadministration;D.Ask the court clerk to issue Letters Testamentary to me; andE.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, asdiscussed in Rule 1B-306 NMRA, Step 1, have each sign below to show that person222s consent toyour serving as personal representative.)I consent to the appointment of the personal representative listed above.Name: Signature: Relationship to decedent: Street address: American LegalNet, Inc. www.FormsWorkFlow.com City, state, and ZIP code: Name: 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-102 recompiled and amended as 4B-302 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

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