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    4B-101. Opening and Closing A Probate Court Case (Flow Chart) - Opening and Closing A Probate Court Case Testate (Will) Intestate (No Will) Step 1

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    GV Elaugos De Leon
    This flow chart outlines the 12 steps for opening and closing a probate court case for both testate (will) and intestate (no will) estates. The steps include locating or identifying heirs, filing applications to probate the will or appoint a personal representative, obtaining court orders, notifying heirs and creditors, collecting estate assets and debts, paying allowances, costs and creditors, preparing accountings, distributing assets, and closing the estate by filing a verified statement.

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    © All Rights Reserved
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    4B-101. Opening and Closing A Probate Court Case (Flow Chart) - Opening and Closing A Probate Court Case Testate (Will) Intestate (No Will) Step 1

    Uploaded by

    GV Elaugos De Leon
    171 views3 pages
    This flow chart outlines the 12 steps for opening and closing a probate court case for both testate (will) and intestate (no will) estates. The steps include locating or identifying heirs, filing applications to probate the will or appoint a personal representative, obtaining court orders, notifying heirs and creditors, collecting estate assets and debts, paying allowances, costs and creditors, preparing accountings, distributing assets, and closing the estate by filing a verified statement.

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    Probate Flowchart

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    This flow chart outlines the 12 steps for opening and closing a probate court case for both testate (will) and intestate (no will) estates. The steps include locating or identifying heirs, filing applications to probate the will or appoint a personal representative, obtaining court orders, notifying heirs and creditors, collecting estate assets and debts, paying allowances, costs and creditors, preparing accountings, distributing assets, and closing the estate by filing a verified statement.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    171 views3 pages

    4B-101. Opening and Closing A Probate Court Case (Flow Chart) - Opening and Closing A Probate Court Case Testate (Will) Intestate (No Will) Step 1

    Uploaded by

    GV Elaugos De Leon
    This flow chart outlines the 12 steps for opening and closing a probate court case for both testate (will) and intestate (no will) estates. The steps include locating or identifying heirs, filing applications to probate the will or appoint a personal representative, obtaining court orders, notifying heirs and creditors, collecting estate assets and debts, paying allowances, costs and creditors, preparing accountings, distributing assets, and closing the estate by filing a verified statement.

    Copyright:

    © All Rights Reserved
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    4B-101. Opening and closing a probate court case (Flow chart).

    OPENING AND CLOSING A PROBATE COURT CASE

    TESTATE (WILL) INTESTATE (NO WILL)


    Locate Will (Original required) 1. Identify Heirs
    Step 1 2. Identify County and choose
    1. Identify Devisees whether to file in Probate Court
    2. Identify Heirs or District Court
    3. Identify County and choose 3. Check for demand for notice in
    whether to file in Probate Court District Court
    or District Court
    4. If Decedent died more than See Rules 1B-102, 1B-301, 1B-302, 1B-303
    three years ago or the original NMRA
    will cannot be located, the case
    must be filed in District Court
    5. Check for demand for notice in
    District Court

    See Rules 1B-102, 1B-301, 1B-302, 1B-305


    NMRA

    File an Application to Probate Will and File an Application to Appoint Personal


    Appoint Personal Representative (PR) Representative (PR)
    Step 2
    See Rules 1B-102, 1B-302, 1B-305, 1B- See Rules 1B-102, 1B-302, 1B-303, 1B-
    306(A)(1) NMRA and Form 4B-302 NMRA 304(A)(1) NMRA and Form 4B-301 NMRA

    Obtain Order to Informally Probate Will Obtain Order to Informally Appoint PR;
    and Appoint PR; file an Acceptance of file an Acceptance of Appointment; have
    Appointment; have Clerk issue Letters Clerk issue Letters of Administration
    Step 3 Testamentary

    See Rule 1B-306(A)(2)-(4) NMRA and See Rule 1B-304(A)(2)-(4) NMRA and
    Forms 4B-304, 4B-305, 4B-307 NMRA Forms 4B-303, 4B-305, 4B-306 NMRA

    Within 30 days of Appointment, Send Within 30 days of Appointment, Send


    Notice of Appointment, Order, and copy Notice of Appointment and Order to
    Step 4 of Will to Devisees, Heirs, and any person Heirs and any person who has filed a
    who has filed a demand for notice demand for notice

    See Rules 1B-102, 1B-306(B) NMRA and See Rules 1B-102, 1B-304(B) NMRA and
    Forms 4B-401, 4B-402 NMRA Forms 4B-401, 4B-402 NMRA
    TESTATE (WILL) INTESTATE (NO WILL)

    Decide whether to Notify Creditors Decide whether to Notify Creditors


    Step 5 If Creditors will be notified, If Creditors will be notified,
    (a) send notice, (a) send notice,
    (b) publish notice, OR (b) publish notice, OR
    (c) both (c) both
    See Rules 1B-102, 1B-305, 1B-306(C) See Rules 1B-102, 1B-303, 1B-304(C)
    NMRA and Form 4B-501 NMRA NMRA and Form 4B-501 NMRA

    Collect/Inventory Assets of the Decedent, Collect/Inventory Assets of the Decedent


    Step 6
    Value Assets (within 3 months of and Value Assets (within 3 months of
    appointment), and Determine Debts of appointment), and Determine Debts of
    the Decedent the Decedent

    Inventory does not have to be filed with Inventory does not have to be filed with
    the court the court

    See Rules 1B-305, 1B-306(D) NMRA and See Rules 1B-303, 1B-304(D) NMRA and
    Form 4B-601 NMRA Form 4B-601 NMRA

    Pay the Family Allowance ($30,000) and Pay the Family Allowance ($30,000) and
    Personal Property Allowance ($15,000) if Personal Property Allowance ($15,000) if
    Step 7
    required required

    See Rules 1B-102, 1B-305, 1B-306(E) See Rules 1B-102, 1B-303, 1B-304(E)
    NMRA NMRA

    Pay costs and expenses of administration Pay costs and expenses of administration
    Step 8
    See Rules 1B-102, 1B-305, 1B-306(F)(1) See Rules 1B-102, 1B-303, 1B-304(F)(1)
    NMRA NMRA

    Pay Creditors or Dispute Claims Pay Creditors or Dispute Claims


    Step 9
    See Rules 1B-102, 1B-305, 1B-306(F)(2)- See Rules 1B-102, 1B-303, 1B-304(F)(2)-
    (4) NMRA (4) NMRA

    If you did not deal with Creditors, you If you did not deal with Creditors, you
    should wait a year from date of death to should wait a year from date of death to
    distribute assets, or you may owe unpaid distribute assets, or you may owe
    Creditors unpaid Creditors

    See Rule 1B-306(F)(2) NMRA See Rule 1B-304(F)(2) NMRA


    Or Or
    If you published notice to Creditors, sent If you published notice to Creditors, sent
    notice to known Creditors, and paid all notice to known Creditors, and paid all
    Creditors with allowed claims, and if the Creditors with allowed claims, and if the
    time for Creditors to make their claims time for Creditors to make their claims
    has elapsed, you may distribute assets has elapsed, you may distribute assets

    See Rules 1B-305, 1B-306(C)(1) NMRA See Rules 1B-303, 1B-304(C)(1) NMRA

    Prepare an Accounting of Administration, Prepare an Accounting of Administration,


    Step 10 which does not have to be filed with the which does not have to be filed with the
    court, send the Accounting to Devisees court, send the Accounting to Heirs and
    and those who filed a demand for notice, those who filed a demand for notice, and
    and distribute remaining assets to distribute remaining assets to Heirs
    Devisees

    See Rules 1B-102, 1B-306(H)(1) NMRA See Rules 1B-102, 1B-304(H)(1) NMRA
    and Form 4B-602 NMRA and Form 4B-602 NMRA

    Close probate and estate when you meet Close probate and estate when you meet
    Step 11 the requirements in the Verified the requirements in the Verified
    Statement Statement

    See Rule 1B-306(H)(2), (3) NMRA and See Rule 1B-304(H)(2), (3) NMRA and
    Forms 4B-701, 4B-702 NMRA Forms 4B-701, 4B-702 NMRA

    [Adopted by Supreme Court Order No. 18-8300-014, effective for all cases pending or filed on
    or after December 31, 2018.]

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