Fill and Sign the Intestate Form No Will Bernalillo County

4B-101. Application for informal appointment of personal representative (no will). STATE OF NEW MEXICO IN THE PROBATE COURT_______________ COUNTY No. __________ IN THE MATTER OF THE ESTATE OF______________________, DECEASED. APPLICATION FOR INFORMAL APPOINTMENT OF PERSONAL REPRESENTATIVE (NO 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. Note: Review the priorities for appointment set out in the instructions to this form, step 1, Probate Form 4B-012 NMRA.) [ ] I am the surviving spouse of the decedent; or [ ] I am one of the heirs of the estate; or [ ] 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 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 personalrepresentative. I do not know of a nyone else who is interested in serving as personal representative who has priority to serve. 2 (Check if applicable.) [ ] Anyone who has equal or higher priority to serve has consented below to my appointment by signing this form. 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 Mexico, but lived in _____________ County, State of _____________ and owned property in __________________ County, NewMexico. 3. I have carefully searched for all of the names and addresses of the decedent's spouse, children and other heirs [including myself] 2 . I have discovered the following information: Name Address Relationship Age to Decedent(if minor) __________________ ____________ ____________ __________ __________________ ____________ ____________ __________ __________________ ____________ ____________ __________ 4. I have looked carefully and thoroughly for a will of the decedent and did not find one. I believe that the decedent died without a will. 3 5. A personal representative has not been appointed in New Mexico or anywhere else. 6. I do not know of any other probate action either in New Mexico or anywhere else. 7. ( Choose one ) [ ] I have checked with the district cour t 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; or [ ] I am aware of a demand for notice and have sent the required notice to each person who demanded notice; 8. ( Choose one ) [ ] The decedent died more than one hundred twenty (120) hours ago and less than three (3) years ago. [ ] The decedent died more than three (3) years ago, but an informal appointment is necessary to confirm title in the successors to the estate. WHEREFORE, I ask this court to: A. Appoint me as the personal representative of the decedent's estate; B. Allow me to serve without posting a bond, in an unsupervised administration; C. Ask the court clerk to issue Letters of Administration to me; and D. Order such other relief as this court believes to be appropriate. 4 ________________________________ Signature of applicant ________________________________ Printed name ________________________________ Street address ________________________________ City, state and zip code ________________________________ 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. __________________________________ Signature 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, 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: __________________________ 6 Street address: ___________________________________ City, state and zip code: ____________________________ Name: __________________________________________ Signature: _______________________________________Relationship to decedent: ___________________________Street address: ____________________________________City, state and zip code: ____________________________ USE NOTE 1. See Section 45-3-203 NMSA 1978 for priority among persons seeking appointment as personal representative and Section 45-3-301 NM SA 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.]