New Mexico Inheritance Loans and Probate Advance Law
Jan 07 2019An estate of a deceased person may go to probate to determine the proper method of distribution. Probate is a legal process which considers the desires of the decedent as outlined in their will along with any creditors and taxes. Every state has statutes which outline the process for probate and the requirements for it to be completed. It will list deadlines for filing and for other documentation as well as what property must be included.
What are New Mexico Probate Laws?Probate is fairly simple in New Mexico with the option of either formal or informal probate based on the different aspects of the estate. In either case, a personal representative or executor must be selected, and certain steps must be taken. A probate attorney is not required in New Mexico to handle estates in probate. However, it’s often a good idea to hire someone who knows the current laws on estates and probate. They will be aware of the deadlines and what documents must be presented to the court to avoid delays. The attorney will work for the best interests of the heirs and help with filling out paperwork and gathering the required information.
What is the Probate Process in New Mexico?Probate is similar throughout the country, but each state has specific requirements. It is important to understand all the steps in this process.
- Someone must file a petition with the court where the decedent lived to open probate. They will need to present a copy of the will for the court to validate.
- The court will appoint someone to act as the personal representative of the estate.
- The personal representative will serve notices to the heirs and creditors of the estate. They must publish a notice in the local newspaper for three weeks before probate can move forward. Creditors have four months to submit a claim or their bill to the estate.
- The next task for the representative is to take inventory of all assets of the estate. They will need to determine value, and an appraisal may be required.
- The bills must be paid or disputed by the personal representative. All disputes will be resolved by the court. The representative must file taxes and pay any that are due. The court must approve all payments to be made.
- Once the debts are paid, any remaining assets can be dispersed to the beneficiaries. The estate can then be closed but not before six months from the date of appointment.
What Property Will Go Through Probate in New Mexico?Not all property must be probated in the courts of New Mexico. If an estate is defined as small, it may avoid probate completely. The definition of a small estate is one that is less than $50,000 in value. There also can be no disputes against the estate. Otherwise, probate will be necessary to resolve these disputes. Any property that already has a beneficiary attached to it may not need to go through probate. For instance, life insurance policies or retirement benefits with a listed beneficiary will automatically go to the person named. Bank accounts that have a payable upon death person listed will follow the same process. Any real property with a co-owner that has the right of survivorship will not need to go through probate.
How Can You Avoid Probate in New Mexico?It is possible to avoid probate in New Mexico by taking the correct actions. If you set up a living trust for the estate, everything will go to the listed beneficiaries with no need for the court to get involved. Probate is an often expensive and complex process that takes at least six months and can take several years. If a family member contests the will, it may be years before the issue is resolved. A living trust transfers the assets without these difficulties.
Can You Gain Access to New Mexico Inheritance Funds Right Away?You do have an option to get your inheritance money in New Mexico before probate ends with a probate cash advance. In fact, you could receive the money in just a couple of days. The process of receiving a cash advance is simple and secure. You are not limited on how you can use the money either. With Probate Advance, you are able to get the money now rather than waiting for the estate to be distributed. You won’t find any hidden charges and no loans with monthly payments. There is no interest, and your credit history isn’t important. You may discover that you can get your funds in as little as two days.
Do You Qualify for a Probate Cash Advance?It won’t take long to determine if you qualify for an inheritance cash advance. As long as you are the heir to an estate that is in probate, you can qualify. Use that money now to buy a new vehicle, pay off bills, take a vacation or make other plans. It’s your money, and you shouldn’t have to wait to use it.
What Do You Need to Get a Probate Advance in New Mexico?To get a probate advance in New Mexico, you will need to provide some documentation that shows you’re the rightful heir of the estate. You will provide some basic information and decide how much money you want to receive now. In as little as 48 hours, you may find the money in your bank account.
What Areas of New Mexico Qualify for an Inheritance Loan?We provide probate advances for residents all over New Mexico, including the following major cities:
- Las Cruces
- Rio Rancho
- Santa Fe