Fill and Sign the Application for Informal Probate of Will and for Informal

4B-102. Application for informal probate of will and for informal appointment of personal representative (will). STATE OF NEW MEXICO IN THE PROBATE COURT_______________ COUNTY IN THE MATTER OF THE ESTATE OF No. ________ ______________________, DECEASED. APPLICATION FOR INFORMALPROBATE 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. (Choose one) (Review the priorities for appointment set out in th e instructions to this form, Step 1, Probate Form 4B-022 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 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, but am not listed in the will as a devisee; [ ] I am an interested person, including a cr editor of the decedent and forty-five (45) 2 days have elapsed since the date of death of the decedent. Because of this relationship, I have an intere st in the estate, and I am willing to serve as personal representative of the decedent's estate . I am not disqualified to act as personal representative. I do not know of a nyone else who is interested in serving as personal representative who has priority to serve as set out in the Uniform Probate Code. 2. The decedent died on ___________________________ (date), at the age of _____. At death, the decedent (Choose one) [ ] (a) lived in _________ County, New Mexico or [ ] (b) did not live in New Mexic o, 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, together with a list of spouse, children and heirs who may not be named in the will, if any: Name Address Relationship Age to decedent(if minor) __________________ _____________ ____________ ________ __________________ _____________ ____________ ________ 3 __________________ _____________ ____________ ________ __________________ _____________ ____________ ________ 5. I believe that this will has been validly executed. 6. I have carefully searched for a document th at 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 and the probate court clerks 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; or [ ] 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 decedent's estate; C. Allow me to serve without posting a bond, in an unsupervised administration, 4 D. Ask the court clerk to issue Letters Testamentary and Acceptance to me; and E. Order such other relief as this court believes to be appropriate. ______________________________________ Signature of applicant ________________________________ Printed name ________________________________ Address ________________________________ Telephone number STATE OF NEW MEXICO ) )ss. COUNTY OF ______________ ) I, _________________, am the applicant. I state, upon oath, that the application, and the statements in it, are true and correct as far as I know and believe. ________________________________________ Name of applicant SIGNED AND SWORN TO before me this ____ day of ________________, _____ by __________________. _______________________________________Notary Public (Seal) My commission expires: 5 _______________________________ (If anyone has an equal or higher priority than y ou for appointment as personal representative, as discussed in the instructions for this form, Probate Form 4B-105, 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: __________________________________________ Relationship to decedent: ___________________________Address: ________________________________________ Name: __________________________________________ Relationship to decedent: ___________________________Address: ________________________________________ Name: __________________________________________ Relationship to decedent: ___________________________Address: _______________________________________ Name: _________________________________________ Relationship to decedent: __________________________Address: _______________________________________ 6 USE NOTE 1. See Section 45-3-203 NMSA 1978 for prior ity among persons seeking appointment as personal representative and Section 45-3-301 NMSA 1978 for informal appointment of a personal representative. 2. If the applicant is an “heir” as defined in 4B-002 NMRA, use the bracketed language. [Approved, effective September 15, 2000; as amended by Supreme Court Order No. 07-8300-05,effective March 1, 2007.]