Albuquerque Estates without a will
When someone dies without a will (or intestate), New Mexico probate law designates the surviving family members to whom the estate will pass. If the deceased left a surviving spouse, in most cases the surviving spouse will receive the lion's share of the deceased's estate (although the surviving children do have some inheritance rights). If the deceased left no surviving spouse, then the deceased's surviving children (both biological and adopted) receive the deceased's property in equal shares.
Intestate Laws & Allowances in New Mexico
When you need help with estate distribution after a loved one has passed, contact the Law Office of Benjamin Hancock, P.C. to protect your rights and your inheritance. With 25 years of experience, probate litigation attorney Benjamin Hancock can help you understand how to best handle the estate of a loved one who died without a will.
In New Mexico, when a person passes away and does not leave behind a valid written will, their property will pass to their heirs pursuant to the laws of intestate estates discussed above.
Throughout an intestate case, the following steps are taken:
- Someone must file a petition with the court
- Court will determine the heirs
- A personal representative is appointed to administer the estate
- Surviving spouses may receive the total sum of $45,000 to be paid in all intestate estates if assets allow
- Minor children that survive the decedent may be paid an allowance of $30,000
- Allowances are sacrosanct, and have priority over all other payments before anything else is paid, including debts
Sometimes there is no need to go through the courts if the assets of the deceased were jointly titled with someone else, or if the asset named a designated beneficiary to receive the asset upon death.
Speak with the Albuquerque Probate Attorney
When you choose the firm's Albuquerque inheritance dispute lawyer, your case will be handled with the expertise required when administering a probate estate. Your will be informed through every step of the process as Attorney Hancock works toward a successful outcome in your case. Contact the Law Office of Benjamin Hancock, P.C. at 505-508-4343 to schedule a consultation with Benjamin Hancock.