Subject: Important — Closure of Estate Petition Signature Request [Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] [Probate Judge's Full Name] [Probate Court's Name] [Probate Court's Address] [City, State, ZIP] Re: Closure of Estate Petition — Request for Signature Dear [Probate Judge's Last Name], I hope this letter finds you in good health and high spirits. I am writing to request your esteemed signature on the closure of estate petition as the presiding judge of the [Probate Court's Name] in New Mexico. This petition seeks the finalization of the estate settlement proceedings for the [Full Name of the deceased], in accordance with the applicable laws and regulations of New Mexico. As you may recall, the estate of the late [Full Name of the deceased], deceased on [Date of Death], has been undergoing probate administration in the [Probate Court's Name] since [Date Probate Filed]. The estate's assets, liabilities, debts, and distributions have been scrupulously reviewed and accounted for by the appointed personal representative, [Full Name of the personal representative], who has diligently fulfilled their fiduciary duties under the supervision and guidance of the court. To proceed with the closure of this estate, it is imperative to obtain your consent and signature on the official petition prepared by the personal representative. By affixing your esteemed signature, you will affirm that all necessary legal requirements and obligations have been adequately fulfilled, ensuring the estate's proper and final settlement. The attached draft petition has been meticulously prepared by the personal representative in collaboration with our legal representative, adhering strictly to the specific statutes and rules governing the closure of estates within New Mexico. It includes comprehensive details regarding the estate's inventory, creditor notifications, tax filings, distribution plans, and any objections, if applicable. We kindly request your perusal of the enclosed draft petition and, once satisfied, your official signature on the document, signifying your approval and sanction of the estate closure. Should you identify any modifications, additions, or seek further clarifications, we would be honored to address them promptly and make the necessary adjustments. Additionally, we understand the current circumstances might require adjustments to the usual procedures for obtaining your signature. If an alternative process for obtaining signatures has been implemented due to the ongoing pandemic or other factors, please provide us with precise instructions to ensure compliance and facilitate the conclusion of this probate matter. Your prompt attention to this matter is greatly appreciated as it allows the heirs and beneficiaries to obtain their rightful inheritances without further delay, while also finalizing the probate proceedings satisfactorily. Thank you for your dedicated service to the New Mexico judiciary system and for your essential contribution to the successful administration of this estate. If you require any additional information or assistance, please do not hesitate to contact me at your earliest convenience. Yours sincerely, [Your Name]
New Mexico Sample Letter for Closure of Estate - Request for Petition Signature
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OPENING A PROBATE CASE Submit an original death certificate and the Application, Order, Acceptance and Letters Testamentary/Letters of Administration. Submit at least one set of copies for the court to endorse stamp (the court keeps the original documents submitted to the court) or a fee for copies.
The New Mexico Probate Process The majority of what happens during probate is simply clerical work. In most cases, probate does not occur because of will contests or challenging parties, and as such, rarely requires an attorney to engage in the typical adversarial activities that other kinds of cases require.
Depending on the size and complexity of the estate, this process can take anywhere from a few weeks to several months. In New Mexico, the executor typically has three months from the date of their appointment to complete this inventory and submit it to the court.
OPENING A PROBATE CASE Submit an original death certificate and the Application, Order, Acceptance and Letters Testamentary/Letters of Administration. Submit at least one set of copies for the court to endorse stamp (the court keeps the original documents submitted to the court) or a fee for copies.
If an estate is simple and uncontested, probate attorney fees in New Mexico can range from $3,000 - $5,000 in total. As things get more complicated, legal fees will adjust ingly.
Formal proceedings are those conducted before the District Court with notice to interested parties. Informal proceedings are those conducted without prior notice to interested persons by an officer of the court acting as registrar for probate of will or appointment of personal representative.
When is it required for my Will to be probated through Court? In New Mexico, if the total value of the estate exceeds $50,000 the will must go through the Court to be probate. An estate worth less than $50,000 is considered a small estate.
If you die without a will in New Mexico, your assets will go to your closest relatives under state "intestate succession" laws.
