Other Real Estate Issues That May Involve Probate

Probate Opened in Taos County, with Real Property Located in New Mexico, but Outside of Taos County

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:

  1. Name of the decedent
  2. Caption and docket number of the probate proceedings
  3. Type of administration; such as formal, informal, or supervised
  4. Court where the probate is filed
  5. Name, address, and title of the PR
  6. Complete legal description of the real property located in that county.

File a Copy

Although not required, it is a good idea to file a copy of this Notice with the Court where the probate was commenced.

Attorney's Services

The Personal Representative may need to obtain an attorney’s services to assist with this document.

Real Property Located Outside of New Mexico

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.

Person Resided in Another State but Owned Real Property in New Mexico

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.

Obtain Authority

If a probate proceeding has already been started in another state, the Personal Representative must obtain authority to act in New Mexico by:

  • Filing a Proof of Authority with the Probate Court (or District Court) in the county where the property was located so that they can transfer any property of the estate located in that county
  • Filing an Ancillary Probate which, although similar to a “proof of authority,” requires opening a full formal probate proceeding in District Court, where new Letters of Appointment are issued. You may need to consult an attorney for assistance with a formal Ancillary Probate.