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Affidavit of Indigency

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4B-601. Affidavit of poverty and indigency.

STATE OF NEW MEXICO

IN THE PROBATE COURT

COUNTY

IN THE MATTER OF THE ESTATE OF

DECEASED. No.

AFFIDAVIT OF POVERTY AND INDIGENCY

I, the applicant, state upon my oath that:

A. I wish to start an action in the Probate Court of County, New Mexico;

B. I do not have the money to pay the costs of the action;

C. The estate does not have enough funds to pay the costs of the action because the

estate only has the following assets (list assets):

WHEREFORE, I ask that I not have to pay the costs of this action, including the filing fee.

Signature of applicant

Printed name

Street address

City, state and zip code

Telephone number

STATE OF NEW MEXICO )

COUNTY OF )ss.

I, am the applicant. I state, upon oath, that the affidavit,

and the statements in it, are true and correct as far as I know and believe.

Signature of applicant

SIGNED AND SWORN TO before me this day of by

Notary Public

(Seal) My commission expires:

[Approved, effective September 15, 2000; as amended by Supreme Court Order No. 07-8300-05, effective March 1, 2007.]

Enter text

What the Affidavit of Indigency Is and When It Applies

An Affidavit of Indigency is a sworn written statement used to request a waiver or reduction of court fees and related costs when an individual lacks sufficient financial resources. The affidavit describes income, assets, monthly expenses, and household size and is submitted to a court or government office to support fee-waiver requests for civil filings, records requests, or administrative proceedings.

Why You Might Use an Affidavit of Indigency

Filing an Affidavit of Indigency lets eligible persons seek waiver or deferral of filing fees, service costs, or transcript charges; it reduces financial barriers to accessing courts and administrative processes while creating a formal, verifiable record for the requesting party.

Why You Might Use an Affidavit of Indigency

Who Typically Prepares or Receives This Form

The affidavit is primarily for individuals with limited means, but organizations may prepare it on behalf of eligible clients.

  • Pro se litigants seeking relief from filing costs, fines, or transcript fees.
  • Public defenders, legal aid attorneys, and court-appointed counsel preparing fee waivers for clients.
  • Clerks and court staff who evaluate and record fee-waiver decisions and supporting documentation.

Step-by-Step: Filling and Submitting the Affidavit

Follow this sequence to prepare a usable affidavit, attach evidence, and submit to the appropriate office or eFile system.

  • 01
    Gather Documents: Collect pay stubs, benefit letters, and rent receipts.
  • 02
    Complete Form: Enter all fields accurately and date the affidavit.
  • 03
    Notarize or Witness: Obtain notary signature or witness as required by jurisdiction.
  • 04
    File with Clerk: Submit affidavit with filing or by the clerk’s prescribed method.

Essential Parts of a Professional Affidavit of Indigency

A complete affidavit contains identity details, a clear financial statement, supporting attachments, and proper authentication. Each element supports the legal finding of indigency.

Affirmation Statement

A sworn declaration that the information is true under penalty of perjury; usually one or two concise paragraphs describing the requester’s inability to pay fees.

Income Breakdown

Monthly and annual amounts for wages, benefits, child support, unemployment, and other income streams; list frequencies and sources for verification.

Asset Disclosure

List bank balances, vehicle ownership, real property, retirement accounts, and other assets with current approximate values and holdings.

Monthly Obligations

Itemize recurring expenses such as rent, utilities, medical costs, insurance, and dependents’ needs to show cash flow shortfalls.

Supporting Evidence

Attach copies of pay stubs, benefit statements, leases, utility bills, and bank statements to corroborate the affidavit claims.

Authentication Block

Signature, printed name, date, and either a notary acknowledgement or witness attestation in the form required by the receiving court or agency.

Security and Compliance Considerations for Electronic Affidavits

In-transit Encryption: TLS 1.2/1.3
At-rest Encryption: AES-256
Audit Trail: Detailed timestamp and IP logs
HIPAA Support: BAA available
Regulatory Standards: ESIGN and UETA compliance
FDA/Records: 21 CFR Part 11 capability

Risks and Legal Consequences of Incorrect or False Statements

Perjury Risk: Possible criminal penalties
Waiver Denial: Court may deny fee relief
Filing Delay: Case processing may be postponed
Contempt Exposure: Enforcement for false attestations
Financial Liability: Obligation to pay fees if denied
Record Rejection: Attachments may be refused

Common Preparation Errors to Avoid

  • Incomplete financial entries that omit secondary income such as informal support or irregular wages lead to administrative rejection.
  • Unsigned or undated affidavits are frequently returned; a notarized signature or witness attestation may be mandatory.
  • Submitting photocopies without certified supporting documents can delay verification and prolong fee-waiver decisions.
  • Using inconsistent names or case numbers on attachments causes clerical mismatches and may require refiling.

Where to File and How the Submission Is Processed

Affidavits of Indigency are submitted to the office that controls the fee or filing you seek waived. Processing routes vary between courts and agencies.

  • Court Clerk: Attach affidavit to original filing or present at intake desk.
  • eFile System: Include affidavit in electronic submission per court eFiling rules.
  • Administrative Agency: Submit directly to the agency’s benefits or records office.
  • Legal Aid Office: File on client’s behalf and provide supporting documentation.

Digital Workflow Settings for Completing the Affidavit Online

Set up a consistent digital workflow to collect, verify, and store affidavit data securely.

Field Configuration
Signature Type Typed, drawn, or PKI-based as required
Authentication Email link or SMS code
Attachment Handling PDF/JPG upload with file size limits
Retention Policy Encrypted storage, access logs enabled

Technical Options for eSubmitting an Affidavit

Confirm the receiving office accepts electronic submissions, remote notarization, or specific authentication levels before eSubmitting.

  • File Formats: PDF, DOCX supported
  • Remote Notarization: RON-capable when accepted
  • Integrations: Connects to courts or cloud storage

eSignature Vendor Comparison for Affidavit Submission and Notarization

Select a platform that meets authentication, audit, and notary requirements. The table compares common plan-level criteria across major vendors with signNow listed first.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial Varies Varies Varies Varies
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

Real-World Examples of Online Document Workflows

These examples show how organizations processed signed documents and forms digitally to support client access and compliance.

Martin Properties

Tim Martin needed rapid execution of client intake forms for property cases.

  • He processed and executed documents online, including proof attachments.
  • He reported being able to return complete forms efficiently to necessary parties for filing while maintaining compliance across mobile and offline scenarios.

Optica Ventures

Optica’s team required a simple interface for customers to return signed paperwork.

  • The solution reduced friction for customers and staff.
  • The company emphasized ease-of-use for clients and internal teams, enabling faster processing without sacrificing recordkeeping or auditability.

Typical Timelines: Submission, Review, and Decision

Timing varies by court and agency; below are common milestones and approximate processing expectations to plan around.

Submit with Filing:

Attach affidavit at initial filing to avoid separate motions

Clerk Review:

Clerk review often occurs within days to weeks

Judicial Decision:

Judge may issue waiver order within 7–30 days

Request for More Info:

Courts commonly request supporting docs; respond promptly

Appeal or Reconsideration:

Local rules set time windows; check clerk for deadlines

Frequently Asked Questions and Troubleshooting

Answers to common questions about form completion, authentication, and submission to reduce errors and processing delays.


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