New Mexico Small Estate Affidavit Form

• Maximum Amount: $50,000, the value of the entire estate, wherever located, less liens and encumbrances. The affidavit cannot be used for real estate.^[1]
• Signing Requirements: Sworn and notarized.^[2]
• Where to File: Not filed with the court, presented directly to the person or institution holding the asset (bank, Motor Vehicle Division, transfer agent).^[3]
• When to File: 30 days after death.^[4]
• Survivor Requirements: A rightful heir must survive the decedent by at least 120 hours (5 days).^[5]

If the decedent did not have a will, the beneficiary hierarchy is as follows:

• Spouse: The surviving spouse receives all of the community property.^[6] For the decedent’s separate property, the spouse receives all of it if the decedent left no descendants; if there are descendants, the spouse receives one-quarter, and the descendants receive three-quarters.^[7]
• No Spouse, Children: The three-quarters of separate property not passing to the spouse goes to the decedent’s descendants by representation. If there is no surviving spouse, the descendants take the entire estate.^[8]

Step 1 – Wait 30 Days

At least 30 days must pass after the decedent’s death before the affidavit may be used.^[9]

Step 2 – Confirm the Estate Qualifies

The entire estate (less liens and encumbrances) must be $50,000 or less, the estate must contain no real property, and no personal representative may be pending or appointed.^[10]

Step 3 – Prepare and Notarize the Affidavit

Prepare the affidavit stating the value limit, that 30 days have passed, that no probate is pending, and that the affiant is entitled to the property, then sign it before a notary public.^[11]

Step 4 – Attach the Death Certificate

Attach a certified copy of the death certificate.^[12]

Step 5 – Present the Affidavit to the Asset Holder

Present the affidavit to the bank, Motor Vehicle Division, transfer agent, or other holder of the property to obtain payment or transfer.^[13]