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I am one of the beneficiaries of a decedent's estate. The personal representative filed informal probate in circuit court.

Santa Fe, NM |

The estate is worth more than $250,000 and possibly much more. Does the law require formal rather than informal at this value? If informal is allowable, is it advisable? I live too far to easily monitor any activity. What are my options and the pro's and cons of them?

Attorney Answers 3


To be safe, contact an attorney in your area that practices in the area of Probate. Get your questions answered. Time limitations apply so contact the attorney sooner than later. Good luck.

*This information should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.

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Mr. Ward is correct in stating you should find a local attorney (local to the estate) immediately so that you can find out what, if any, action is available to you. It may be that the probate estate is worth next to nothing but there is property that passes outside of probate. Even if that is the case you will likely want an attorney to protect your interests if you feel the personal representative of the estate is not being communicative about the administration of the estate.

Please remember that if you find an answer particularly helpful, please mark it as helpful or "best answer" so that the attorneys who volunteer their time to answer these questions have feedback. This answer is only for informational purposes, is not legal advice, and does not create an attorney-client relationship. Every case is different and must be judged on its own unique facts

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In New Mexico you can request an accounting of the assets and debts from the administrator of the estate at any time. If the administrator is not responsive you probably should contact and Estate Planning and Probate Attorney in New Mexico to represent you. The value oaf the estate does not necessarily indicate a formal probate is necessary, it depends on whether the administrator should and can be trusted to handle the probate without oversight by the Court.

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