Mirror Will Probate Process

Summary

When the testator of a mirror will dies, the will is presented to probate court, which oversees asset distribution. In New Mexico, the probate process follows the Uniform Probate Code. If the Personal Representative (PR) fails to distribute assets, you can file a petition in Probate Court. If theres no money left, debts are paid off in a specific order, and beneficiaries might not receive their inheritance. If the PR hasnt performed the accounting, you can file a complaint in probate court. Obtain the necessary forms, fill them out, and attend a scheduled hearing. Consulting a probate attorney is recommended.

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Nm
Based on your location in New Mexico, the probate process for a mirror will follows the Uniform Probate Code. If you need further assistance or have any more questions, feel free to ask.
My uncle waited 5 years to probate
In New Mexico, there's no specified time limit to start the probate process after death. However, waiting too long could complicate matters. For instance, the estate may incur penalties for late tax filings. Can you provide more details about your situation?
Grandparents died they had a mirror will. My uncle had poa. And was named successor pr
In New Mexico, a Power of Attorney (POA) ceases upon death. As a Successor Personal Representative (PR), your uncle carries the responsibility to distribute the estate as per the will. Failing to do so, you may petition the court to remove him as the PR.
He hasn't distributed legacys as will states
In New Mexico, if the PR doesn't distribute assets as per the will:
- You can file a petition in Probate Court.
- The court may order him to distribute the assets.
- If he doesn't comply, the court may remove him as PR.
But there is no money
If there's no money left in the estate, the debts are usually paid off in a specific order defined by state law. Unfortunately, in such cases, beneficiaries might not receive their inheritance. It's recommended to consult with a probate attorney for further advice.
He has yet to do any of the accounting
If your uncle, as the PR, hasn't performed the accounting, a complaint can be filed in the probate court in New Mexico. They may order him to provide an accounting or may even remove him as the PR. Would you like information on how to file a complaint?
Yes
To file a complaint in New Mexico:
- Obtain the necessary forms from your local probate court.
- Fill them out, detailing your complaint.
- File them with the court and pay any associated fees.
- Attend a scheduled hearing.
You might consider hiring a probate attorney to assist you.