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- Other Real Estate Issues That May Involve Probate
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If real property of an estate is located in a county in New Mexico other than where the probate was opened, the Personal Representative (PR) of the estate must record with the county clerk of the county where the property is located, a Notice of Administration (NMSA §45-1-404) setting forth:
Although not required, it is a good idea to file a copy of this Notice with the Court where the probate was commenced.
The Personal Representative may need to obtain an attorney’s services to assist with this document.
If the estate involves real property located outside of New Mexico, you may need to file a separate probate in the county in the state where the property is located. These are sometimes called Ancillary Probates. Contact the court in the state where the property is located for more information on how to proceed.
Sometimes a person who lived in another state dies owning real property in New Mexico. If no administration has been started in that state, an original probate proceeding can be started in New Mexico by filing a probate case directly in the county where the real property is located.
If a probate proceeding has already been started in another state, the Personal Representative must obtain authority to act in New Mexico by: