FAQs
Transferring or Selling Real Property From The State
How do I transfer real estate from the decedent’s estate to the heirs or beneficiaries?
Once the Personal Representative (PR) has been appointed by the Probate Court, the PR then has the authority to convey or sell the decedent’s real estate. Generally, if the property is being sold, the PR will work with a realtor or a title company to have a deed prepared that will be signed at closing. The deed is the conveyancing instrument that passes ownership from the grantor to the grantee. If the property is not being sold, but rather being transferred to the heirs/beneficiaries, then a Personal Representative’s Deed should be executed and recorded. The Probate Court does not prepare deeds. The PR should contact a title company or attorney to have a deed prepared. Deeds are technical documents that must be prepared with accuracy and precision. It is not recommended that a PR prepare their own deed(s).
Notice of Administration - Real Property Located in Different NM County (County other than decedent’s county of domicile)
If probate has been opened in the decedent’s county of domicile, and the decedent owned real property in New Mexico in a county other than the decedent’s county of domicile, how does the personal representative (PR) convey the real property?
This is governed by Section 45-1-404 of the New Mexico Uniform Probate Code. NMSA 1978, §45-1-404 (1953, as amended through 1975). The PR must record a Notice of Administration in the county where the real property is located. The PR must also record a conveyancing instrument (i.e. deed) to transfer ownership of the property. The Notice of Administration and conveyancing instrument are often filed concurrently in the County Clerk’s Office of the county where the real property is located. Caution: deed drafting is often highly technical. To avoid inadvertently clouding the title of the real property, the PR should obtain the assistance of a competent professional when preparing deeds. The Notice of Administration should set forth:
- the name of the decedent;
- the title and docket number of the administration proceedings;
- a description of the type of administration;
- the court wherein instituted;
- the name, address, and title of the personal representative; and
- a complete description of the real property situate in such county.
Rio Rancho Estates
The Decedent owned vacant land in Rio Rancho Estates that is not worth much and we’re thinking of letting it go. What are our options?
Although the value of the property may be low, it is still considered real property. In order to convey real property from a decedent’s estate, a PR must first be appointed and then a deed executed to transfer the property. If the heirs choose not to open probate to convey the property, and if the property taxes go unpaid, the property may become subject to a lien and foreclosure for delinquent taxes.
FAQs
I need to obtain medical records and the hospital will not release medical records until I have been court appointed Personal Representative and have been issued Letters of Administration (no will) or Letters Testamentary (with will).
In order to obtain the Letters you are required to file a probate.
I’m the oldest child, so I have priority to serve as Personal Representative.
All heirs have equal priority for appointment as Personal Representative.
There are five siblings I’m the oldest and all have agreed that I will be the Applicant or court appointed Personal Representative on behalf of the Estate.
The other four (4) siblings are required to sign the consent(s) on the Application.
My deceased loved one left a will and I am the nominated individual in the will as Executor or Personal Representative, now what do I do?
You have been nominated in the will but have not legally been court appointed Personal Representative by the Probate Court, you may do so by filing the proper probate forms in the county where the decedent was a resident of.
Why do I have to submit the original will?
Pursuant to NMSA Uniform Probate Code, 45-3-301 (B) (1) the original will is required.
I had power of attorney, so I am the Executor or Personal Representative.
A power of attorney expires when the Principal dies, the Agent no longer has power nor has higher priority for appointment.
The decedent did not name me as beneficiary or POD on the bank accounts and the bank will not release the funds or share any information until I am court appointed Personal Representative on behalf of the Estate what do I do?
To be court appointed Personal Representative you are required to file a probate.
Do all estates require to be probated?
Not all estates require probate it depends on how the decedent’s real and personal property was titled.
How soon can I sell the house or vacant land (real property)?
After you have been court appointed Personal Representative, you will have the legal authority to transfer or sell real property located in Sandoval County, State of New Mexico via a “Personal Representative Deed”. This deed requires you to file it with the Sandoval County Clerk’s office.