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If a decedent had no children and no Will, the surviving spouse receives all of the decedents separate property. If the decedent had children and no Will, the decedents children (or their heirs) receive 75% of the separate property, and the surviving spouse receives 25%.
Property that is jointly owned with a survivorship right will avoid probate. If one owner dies, title passes automatically to the remaining owner. There are three types of joint ownership with survivorship rights: Joint tenancy with rights of survivorship.
The law in New Mexico allows an owner of real property (land or house) to transfer that property to another person (grantee beneficiary) through the use of a Transfer on Death Deed (TODD).
So when a property is owned jointly, and it is a tenancy-in-common arrangement, in such a case a co owner dies, his or her share of property DOES NOT go to the co owners automatically. The share of the property is transferred to the legal heirs of the deceased co owner.
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.
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Dying without a Will in New Mexico If there isnt a will, the court will appoint someone, usually an adult child or surviving spouse, to be the executor or personal representative. The executor or personal representative takes care of the estate of the decedent.
In New Mexico, you can make a living trust to avoid probate for virtually any asset you ownreal estate, bank accounts, vehicles, and so on. You need to create a trust document (its similar to a will), naming someone to take over as trustee after your death (called a successor trustee).
Step 1. Determine and prepare the needed requirements for a title transfer. Deed of Conveyance. Photocopies of valid IDs of all signatories in the deed. The Notary Publics official receipt for the deeds notarization. Certified True Copy of the Title (3 copies) Certified True Copy of the latest Tax Declaration.
Take a copy of the deceased persons death certificate to the county recorder or tax appraisers office in the New Mexico county where the property is located. Present the death certificate to the registrars clerk and ask to record an affidavit. Complete and record the affidavit.
After death However if a property was owned by two or more people, and one of those owners has died, then it is possible to remove their name on the title deeds by sending a death certificate to the Land Registry and completing the appropriate form.

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