Real Property (land, houses, farms, ranches, mobile homes that have been made into real property, leases, oil, gas, and other minerals, water rights, and timber rights) AS PART OF ESTATE.*
A) Probate opened outside of Sandoval County, State of New Mexico, with Real Property located in Sandoval County the court appointed personal representative may file a “Proof of Authority” with Sandoval County and ask the court to grant the personal representative the proof of authority to transfer and or sell real property by:
- Filing “Proof of Authority” is Form 4B-801. To find this form click on “Other Probate Forms” on our website to download this form;
- Obtaining certified/exemplified copies of the appointment of the Personal Representative on behalf of the estate from the county and state where the probate was administered; and
- $30.00 docket filing fee, payable to “Sandoval County Probate Court”;
- After being granted “Proof of Authority” file a “Personal Representative Deed” with Sandoval County Clerk’s office.
B) Probate opened in Sandoval County, with real property located in NM but outside of Sandoval County where the probate is being administered, the personal representative, may record with the county clerk** of the other county a “Notice of Administration” setting forth:
- Name of the decedent;
- Title and docket number of the probate proceedings;
- Description of the type of administration;
- Court where the probate was filed;
- Name, address, and title of the personal representative; and
- Complete description of the real property located in that county.
*If real property is held in Joint Tenancy with Rights of Survivorship (JTWROS), a probate is usually unnecessary when the first joint tenant dies. The surviving joint tenant should record a copy of the Death Certificate in the County Clerk’s office in every county where real property is located. Each owner has an identical and simultaneous interest in the property with the same right of possession. If one owner dies, his or her share passes to the surviving joint tenant (not his heirs or devisees).
**Recording fee required.