New Mexico Probate Form 4B-302

Application For Informal Probate Of Will And For Informal Appointment Of Personal Representative (Will)

Everything you need to know about New Mexico Form 4B-302, including helpful tips, fast facts & deadlines, how to fill it out, where to submit it and other related NM probate forms.

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About Application For Informal Probate Of Will And For Informal Appointment Of Personal Representative (Will)

There are all sorts of forms executors, beneficiaries, and probate court clerks have to fill out and correspond with during probate and estate settlement, including affidavits, letters, petitions, summons, orders, and notices.

Application For Informal Probate Of Will And For Informal Appointment Of Personal Representative (Will) is a commonly used form within New Mexico. Here’s an overview of what the form is and means, including a breakdown of the situations when (or why) you may need to use it:

View Form 4B-302

NM Form 4B-302, which may also referred to as Application For Informal Probate Of Will And For Informal Appointment Of Personal Representative (Will), is a probate form in New Mexico. It is used by executors, personal representatives, trustees, guardians & other related parties during the probate & estate settlement process.

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Atticus Fast Facts About Application For Informal Probate Of Will And For Informal Appointment Of Personal Representative (Will)

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Application For Informal Probate Of Will And For Informal Appointment Of Personal Representative (Will):

  • This form pertains to the State of New Mexico

  • The official New Mexico source for this form is here.

Government forms are not typically updated often, though when they are, it often happens rather quietly. While Atticus works hard to keep this information about ’s Form 4B-302 - Application For Informal Probate Of Will And For Informal Appointment Of Personal Representative (Will) up to date, certain details can change from time-to-time with little or no communication.

How to file Form 4B-302

Step 1 - Download the correct New Mexico form based on the name and ID if applicable

Double check that you have both the correct form name and the correct form ID. Some New Mexico probate forms can look remarkably similar, so it’s best to double, even triple-check that you’re using the right one! Keep in mind that not all States have a standardized Form ID system for their probate forms.

Step 2 - Complete the Document

Fill out all relevant fields in Form 4B-302, take a break, and then review. Probate and estate settlement processes in NM are long enough to begin with, and making a silly error can push your timeline even farther back. No thank you!

Note: If you don’t currently know all of the answers and are accessing Form 4B-302 online, be sure to avoid closing the browser tab and potentially losing all your progress (or use a platform like Atticus to help avoid making mistakes).

Step 3 - Have Form 4B-302 witnessed or notarized (if required)

Some States and situations require particular forms to be notarized. If you have been instructed to get the document notarized or see it in writing on the document, then make sure to hire a local notary. There are max notary fees in the United States that are defined and set by local law. Take a look at our full guide to notary fees to make sure you aren’t overpaying or getting ripped off.

Step 4 - Submit Application For Informal Probate Of Will And For Informal Appointment Of Personal Representative (Will) to the relevant office

This is most often the local probate court where the decedent (person who passed away) is domiciled (permanently resides) or the institution involved with this particular form (e.g. a bank). Some offices allow you to submit forms online, other’s don’t, and we while we generally recommend going in-person to expedite the process, sometimes that simply isn’t an option.

It’s also a generally good idea to establish a positive working relationship with any probate clerk (unfortunately there’s enough people & process out there making things more difficult and unnecessarily confusing for them), so a best practice is to simply ask the probate clerk proactively exactly how and where they’d prefer you to submit all forms.

Need help getting in touch with a local probate court or identifying a domicile probate jurisdiction?

👉 Find and Contact your Local Probate Court

👉 What is a Domicile Jurisdiction?

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When Application For Informal Probate Of Will And For Informal Appointment Of Personal Representative (Will) is due

Different probate forms or processes can require different deadlines or response times for completing the appropriate form.

While some steps in the process are bound to specific deadlines (like petitioning for probate, having to submit an inventory of assets, or filing applicable notices to creditors and beneficiaries), many probate forms or processes are not tied to a specific deadline since the scope of work can vary based on situational factors or requirements involved.

Either way, there are a bunch of practical reasons why personal representatives should work to complete each step as thoroughly and quickly as possible when completing probate in New Mexico.

5 reasons you should submit 4B-302 as quickly as possible:

  1. The sooner you begin, the faster New Mexico can allow heirs and beneficiaries to get their share of assets subject to probate. Acting promptly can also decrease the costs & overall mental fatigue through an otherwise burdensome process.

    Helpful Context: What’s the Difference Between Probate and Non-Probate Assets?

  2. In general, creditors of an estate usually have around 3-6 months from the time you file notice to creditors to file any claims for debt against the deceased’s assets. If they don’t, then that debt is forfeited (and more importantly, the executor won’t be held personally responsible). So doing this sooner means you have a better idea of who is owed what and ensures you won’t get a surprise collector months later.

  3. Not filing a will within 30 days (on average) could mean that the probate process proceeds according to intestate laws (laws that govern what happens to someone's stuff without a will) or is subject to unnecessary supervision by the probate court. And if you aren't directly related to the deceased (a.k.a. next of kin), this could also mean you lose your inheritance.

  4. It’s important to file any necessary state tax returns on behalf of the deceased or estate by the following tax season in New Mexico. If you don’t, you could owe penalties and interest. This also includes any necessary federal tax returns such as Forms 1040, 1041, or even a Form 706 estate tax return.

  5. If a house in the State of New Mexico is left empty (or abandoned) for a while, insurance can get dicey. For example, if the house burns down and no one has been there for a year, an insurance company may get out of paying your claim.

If you’re not using Atticus to get specific forms, deadlines, and timelines for New Mexico probate, then try and stay as organized as possible, pay close attention to the dates mentioned in any correspondence you have with the State’s government officials, call the local New Mexico probate clerk or court for exact answers regarding Form 4B-302, and when in doubt— consult a qualified trust & estates lawyer for that area.

How to Download, Open, and Edit Form 4B-302 Online

Application For Informal Probate Of Will And For Informal Appointment Of Personal Representative (Will) is one of the many probate court forms available for download through Atticus.

It may also be available through some New Mexico probate court sites, such as . In order to access the latest version, be updated with any revisions, and get full instructions on how to complete each form, check out the Atticus Probate & Estate Settlement software or consider hiring a qualified legal expert locally within New Mexico.

While Atticus automatically provides the latest forms, be sure to choose the correct version of Form 4B-302 - Application For Informal Probate Of Will And For Informal Appointment Of Personal Representative (Will) f using any other site or resource in order to avoid having to re-complete the form process and/or make another trip to the New Mexico probate court office.

Application For Informal Probate Of Will And For Informal Appointment Of Personal Representative (Will) is a .pdf, so opening it should be as simple as clicking “View Form” from within the Atticus app or by clicking the appropriate link found on any New Mexico-provided government platform. Once you’ve opened the form, you should be able to directly edit the form before saving or printing.

View Form 4B-302

NM Form 4B-302, which may also referred to as Application For Informal Probate Of Will And For Informal Appointment Of Personal Representative (Will), is a probate form in New Mexico. It is used by executors, personal representatives, trustees, guardians & other related parties during the probate & estate settlement process.

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Did you know?

  • Form 4B-302 - Application For Informal Probate Of Will And For Informal Appointment Of Personal Representative (Will) is a probate form in New Mexico.

  • New Mexico has multiple types of probate and the necessary forms depend on the unique aspects of each estate, such as type and value of assets, whether there was a valid will, who is serving as the personal representative or executor, and even whether or not they also live in New Mexico.

  • During probate, all personal representatives and executives in are required to submit a detailed inventory of assets that must separate non-probate assets from probate assets.

  • Probate in New Mexico, especially without guidance, can take years to finish and cost upwards of $14,000.

Frequently Asked Questions about Application For Informal Probate Of Will And For Informal Appointment Of Personal Representative (Will)

Probate is the government’s way of making sure that when a person dies, the right stuff goes to the right people (including the taxes the government wants).

All of that stuff is collectively known as someone’s “estate”, and it’s the job of the executor or personal representative to fill out all the forms and complete all the required steps to formally dissolve the estate. 

To get instant clarity on the entire probate process and get an idea of the steps, timeline, and best practices, read the Atticus Beginner’s Guide to Probate

The best place? Create an account in Atticus to start getting estate-specific advice. 

You may need a lawyer, you may not, and paying for one when you didn’t need it really hurts. Atticus makes sure you make  the best decisions (plus you can write it off as an executor expense).

We’ve also created a list of other probate services. Be sure to check it out!

An executor is named in someone’s will, and if the deceased didn’t have a will, then the spouse or other close family relative usually steps up to fulfill the role. If no one wants to do it, then a judge will appoint someone. 

The executor is responsible for the complete management of the probate process, including major responsibilities such as:

  • Creating an inventory of all probate assets.

  • Filling out all necessary forms

  • Paying off all estate debts and taxes

  • Submitting reports to the court and beneficiaries as requested

And much more. This process often stretches longer than a year. 

For an idea of what separates executors who succeed from those who make this way harder than it should be, visit our article, Executors of an Estate:
What they do & secrets to succeeding
.

The Exact Text on Form 4B-302

Here’s the text, verbatim, that is found on New Mexico Form 4B-302 - Application For Informal Probate Of Will And For Informal Appointment Of Personal Representative (Will). You can use this to get an idea of the context of the form and what type of information is needed.

4B-302. Application for informal probate of will and for informal appointment of personal representative (will). [For use with Rule 1B-306 NMRA] STATE OF NEW MEXICO IN THE PROBATE COURT _______________ COUNTY IN THE MATTER OF THE ESTATE OFNo. _________________ ______________________, DECEASED. APPLICATION FOR INFORMAL PROBATE OF WILL AND FOR INFORMAL APPOINTMENT OF PERSONAL REPRESENTATIVE (WILL) 1 I, ____________________, state that 1.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 decedent 1 : (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 a devisee. [ ]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 a devisee. [ ]I am one of the heirs of the estate of the decedent, but am not listed in the will as a devisee. [ ]I am an interested person, including a creditor of the decedent, and forty-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 am willing to serve as personal representative of the estate of the decedent. I am not disqualified to act as personal representative. I do not know of anyone else who is interested in serving as 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, State of __________________ and owned property in _____________ County, New Mexico. 3.I am filing the original of the will of the decedent, dated _______________, at the 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 decedent’s spouse, children, and heirs who may not be named in the will, if any: NameAddressRelationshipAge To 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 found such a document. 7.A personal representative has not been appointed in New Mexico or anywhere else. 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 and found no such demand. I have not received, and do not know of, any demand from anyone for notice of any probate or related proceeding. [ ]I am aware of a demand for notice and have sent the required notice to each person who demanded notice. 10.The decedent died more than one hundred twenty (120) hours ago. It has not been more than three (3) years since the decedent’s death. WHEREFORE, I ask this court to A.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 unsupervised administration; D.Ask the court clerk to issue Letters Testamentary to me; and E.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 the above statements are true and correct. _____________________________ Signature of applicant _____________________________ Printed name _____________________________ Date _____________________________ Street address _____________________________ City, state, and ZIP code _____________________________ Telephone number (optional) _____________________________ Email address (optional) (If anyone has an equal or higher priority than you for appointment as personal representative, as discussed in Rule 1B-306 NMRA, Step 1, have each sign below to show that person’s consent 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: _______________________________________ Signature: ____________________________________ Relationship to decedent: ________________________ Street address: _________________________________ City, state, and ZIP code: ________________________ USE NOTE 1.See NMSA 1978, Section 45-3-203 for priority among persons seeking appointment as personal representative and NMSA 1978, Section 45-3-301 for informal appointment of a personal representative. 2.If the applicant is an “heir,” as defined in Rule 1B-102 NMRA, use the bracketed language. [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 Supreme Court Order No. 18-8300-014, effective for all cases pending or filed on or after December 31, 2018.]

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