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1.4. Are your records available to the general public ? Wills and probate records of deceased individuals are public records and may be reviewed in the office in which they were filed.
An original will stored by you is the property of the client and after the clients death, it is the property of the estate. You should store the original will until after the death of the client, or until you are able to return the original to the client.
A will must be filed with the county court in New Mexico where the person resided before their death. Even if there is no estate or the assets dont need to go through probate, the will must be recorded.
While the testator is still alive, with limited exceptions, nobody other than the testator is entitled to receive a copy of the will. The will remains a private document following the testators death until probate is granted.
You may view official court records at the Probate Court, at 102 Grant Avenue, Santa Fe, New Mexico, during normal business hours, or call (505) 992-1636 to obtain copies of records.
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Get copies of the will Any other executors named in the will must also confirm they are happy for you to have a copy. Making copies of the will is always advisable for the co-executors and other beneficiaries. This also means you can keep the original document in a safe place.
In other words, an executors powers arise from the will and not from the grant of probate. Therefore, a sole executor or, where there is more than one executor, all executors jointly, subject to adequate verification of identity, are entitled to the original will from the date of death.

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