New Mexico Executor & Trustee Checklist
You've been named executor or trustee in New Mexico — and probably handed no instructions. This is the ordered list of what to do, in the sequence New Mexico expects it, with the deadlines and terminology that are specific to this state. Work down it, check things off, and nothing important slips.
- Who administers the estate
- Personal Representative (uniform whether testate or intestate)
- Court
- Probate Court (one per county, elected judge) for informal/uncontested probate; District Court for formal, contested, or supervised administration
- Appointment document
- Letters Testamentary or Letters of Administration
- Creditor claim window
- 4 months after first publication (1-year-from-death bar if no publication)
- Inventory deadline
- Within 3 months after appointment
- Trustee notice deadline
- 60 days
- State death tax
- No New Mexico estate tax and no inheritance tax
If you're the Executor / Personal Representative
The probate track — administering the estate through the Probate Court (one per county, elected judge) for informal/uncontested probate; District Court for formal, contested, or supervised administration.
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This is the document that proves you have authority to act as Personal Representative (uniform whether testate or intestate).
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Publication is permitted, not mandatory — once a week for 3 successive weeks (NMSA 45-3-801). Known creditors get the later of 4 months after publication or 60 days after mailing.
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Within 3 months after appointment (NMSA 45-3-706); either filed with the court or delivered to interested persons who request it.
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30 days — 'Information to Heirs and Devisees' not later than 30 days after appointment (NMSA 45-3-705).
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Get an EIN for the estate from the IRS (free at irs.gov, ~10 minutes) — the estate is its own taxpayer and you'll need it before a bank will open an account.
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Open a dedicated estate bank account — every dollar in or out flows through it; commingling estate money with your own is the fastest way to get into trouble.
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Keep receipts and records of every transaction and decision — not just what you did, but why; your final accounting is built from this and it's your protection if a choice is ever questioned.
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Pay valid claims and taxes before distributing anything, in the statutory order — paying family first can leave you personally liable. No New Mexico estate tax and no inheritance tax.
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Collect a signed receipt or release from every beneficiary when you distribute.
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Formal closing by order (45-3-1001) OR a verified/sworn closing statement (45-3-1003); estate closes / PR discharged one year after the closing statement absent proceedings.
Celestial Divide keeps the inventory, valuations, creditor claims, and beneficiary distributions organized in one place — so nothing on this checklist slips through the cracks.
14 days, no credit card
If you're the Trustee
The trust track — administering a trust outside of probate.
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Locate and read the entire trust document, including any amendments and restatements — your powers, limits, and timelines live there.
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60 days — New Mexico UTC (NMSA 46A-8-813(b)): notify qualified beneficiaries within 60 days.
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Publication is permitted, not mandatory — once a week for 3 successive weeks (NMSA 45-3-801). Known creditors get the later of 4 months after publication or 60 days after mailing.
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Get an EIN for the trust from the IRS — the trust becomes irrevocable at death and files its own returns from that point.
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Retitle and gather the trust assets; hunt down anything never moved into the trust — it may need probate.
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Keep trust assets separate from your own, always — separate accounts, separate records, no exceptions.
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Document every decision, valuation, and distribution as you go.
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Account to the beneficiaries at least annually and at termination.
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Distribute according to the terms of the trust and collect signed receipts and releases.
Good to know in New Mexico
Collection of personal property by affidavit for estates ≤ $50,000, usable 30 days after death (NMSA 45-3-1201). Summary administration under §45-3-1203.
Formal closing by order (45-3-1001) OR a verified/sworn closing statement (45-3-1003); estate closes / PR discharged one year after the closing statement absent proceedings.
Dual-court system — cheap informal probate before an elected county Probate Judge, with District Court for contests/supervision. Community property state. Creditor publication is optional.
Sources — investigate further
The steps above are drawn from New Mexico's own statutes and courts. To dig deeper:
We'll email you a copy so it's always one click away. No spam — just the checklist and the occasional estate-settlement tip.
Celestial Divide keeps the inventory, valuations, creditor claims, and beneficiary distributions organized in one place — so nothing on this checklist slips through the cracks.
14 days, no credit card
General information, not legal advice. Laws change and county practice varies. When in doubt, talk to a probate attorney licensed in the relevant state.