Article Structure
The 4B 101 form serves a critical role in the probate process in New Mexico, specifically for the informal appointment of a personal representative in cases where the decedent passed away without a will. This form is typically utilized by individuals who hold a qualifying relationship with the deceased, such as a surviving spouse or an heir. The applicant must affirm that they are not disqualified from serving and that no one with higher priority has shown interest in the role. They are also required to provide personal details, including the decedent’s date of death and their residence status at the time of death. The form further necessitates a thorough search for any heirs and verification that no will exists, which underscores the estate's intestate status. Additionally, it addresses the absence of other probate actions related to the decedent and any known demands for notice regarding the estate. The applicant concludes by requesting the court to appoint them as personal representative, ideally without the requirement of posting a bond, thereby streamlining the administration of the estate. The entire process encapsulates essential procedural safeguards to ensure that the estate is managed efficiently and in accordance with New Mexico law.
4B 101 Example
|
|
STATE OF NEW MEXICO |
|
IN THE PROBATE COURT |
|
____________________ COUNTY |
|
IN THE MATTER OF THE ESTATE OF |
No. __________ |
________________________, DECEASED. |
|
APPLICATION FOR INFORMAL
APPOINTMENT OF PERSONAL REPRESENTATIVE
(NO WILL)1
I, ___________________________ state that:
1.I had the following relationship with ______________________ the person who died (the decedent), that qualifies me to act as personal representative of the estate;
(Choose 1. Note: Review the priorities for appointment set out in the instructions to this form, step 1, Probate Form
[] I am the surviving spouse of the decedent; or
[] I am one of the heirs of the estate; or
[] I am an interested person, including a creditor of the decedent, and
[] I have been nominated as personal representative and the signatures of those with priority who have concurred on my appointment are attached.
Because of this relationship, I have an interest in the estate, and I am willing to serve as personal representative of the decedent's estate. I am not disqualified to act as personal representative. I do not know of anyone else who is interested in serving as personal representative who has priority to serve.
(Check if applicable)
[] Anyone who has equal or higher priority to serve has consented below to my appointment by signing this form.
2.The decedent died on _________________ (date), at the age of _____ 
At death, the decedent (choose one)
[ ] (a) lived in ______________ County, New Mexico or
[ ] (b) did not live in New Mexico, but lived in ___________________
County, State of __________________ and owned property in _______________
County, New Mexico.
3. I have carefully searched for all of the names and addresses of the decedent’s spouse, children and other heirs [including myself]. I have discovered the following information:
Name |
Full |
Relationship |
Age |
|
Address |
to decedent |
(if minor) |
__________________ |
_________________ |
______________ |
_____ |
|
_________________ |
|
|
__________________ |
_________________ |
______________ |
_____ |
|
_________________ |
|
|
__________________ |
_________________ |
______________ |
_____ |
|
_________________ |
|
|
__________________ |
_________________ |
______________ |
_____ |
|
_________________ |
|
|
4.I have looked carefully and thoroughly for a will of the decedent and did not find one. I believe that the decedent died without a will;
5.A personal representative has not been appointed in New Mexico or anywhere else;
6.I do not know of any other probate action either in New Mexico or anywhere else;
2
7.(Choose one)
[] I have checked with the district court about a demand for notice and found no such demand. I have not received, and do not know of, any demand from anyone for notice of any probate or related proceeding; or
[] I am aware of a demand for notice and have sent the required notice to each person who demanded notice;
8.(Choose one)
[] The decedent died more than
[] The decedent died more than three (3) years ago, but informal appointment is necessary to confirm title in the successors to the estate.
WHEREFORE, I ask this court to:
A.Appoint me as the personal representative of the decedent's estate;
B.Allow me to serve without posting a bond, in an unsupervised administration;
C.Ask the court clerk to issue Letters of Administration to me; and
D.Order such other relief as this court believes to be appropriate.
________________________________
Signature of applicant
________________________________
Printed name
________________________________
Address
________________________________
City/State/Zip Code
________________________________
Telephone number
STATE OF NEW MEXICO |
) |
)ss.
COUNTY OF ________________)
I, _____________________, am the applicant. I state, upon oath, that the
application, and the statements in it, are true and correct as far as I know and believe.
___________________________
Signature of applicant
3
SIGNED AND SWORN TO before me this ____ day of ________________,
_______ by _________________________.
|
___________________________ |
|
Notary Public |
(Seal) |
My commission expires: |
|
______________________ |
(If anyone has an equal or higher priority than you for appointment as personal representative, as discussed in the instructions for this form, step 1, have each sign below to show that person's consent to your serving as personal representative.)
I consent to the appointment of the personal representative listed above. 
Name: ____________________________________
Signature: _________________________________
Relationship to decedent: _____________________
Street Address: _____________________________
City, state and zip code: ______________________
Name: ____________________________________
Signature: _________________________________
Relationship to decedent: _____________________
Street Address: _____________________________
City, state and zip code: ______________________
Name: ____________________________________
Signature: _________________________________
Relationship to decedent: _____________________
Street Address: _____________________________
City, state and zip code: ______________________
Name: ____________________________________
Signature: _________________________________
Relationship to decedent: _____________________
Street Address: ____________________________
City, state and zip code: ______________________
USE NOTE
1.See Section
2.If the applicant is an “heir”, as defined in
4
Form Characteristics
| Fact Name | Description |
|---|---|
| Jurisdiction | The 4B-101 form is used within the state of New Mexico's probate courts. |
| Purpose | This form allows an individual to apply for the informal appointment of a personal representative of an estate when the decedent did not leave a will. |
| Relationship Requirement | Applicants must establish their relationship to the deceased, such as being a surviving spouse, an heir, or an interested person. |
| Time Frame | The decedent must have died at least 120 hours ago, and the application must be filed within three years of the death. |
| Governing Laws | The form is governed by Sections 45-3-203 and 45-3-301 of the New Mexico Statutes Annotated (NMSA 1978). |
| Notarization Requirement | The application must be signed and sworn before a notary public to verify the truthfulness of the statements made. |
Guidelines on Utilizing 4B 101
Filling out the 4B 101 form is an essential step in the probate process when dealing with an estate in New Mexico. This document allows an individual to apply for appointment as a personal representative of an estate where no will exists. Once completed, the form will be submitted to the appropriate probate court. Following these steps can help ensure that the form is filled out correctly and completely.
- Begin by entering the name of the county where the probate court is located at the top of the form.
- Provide the name of the deceased (the decedent) in the appropriate section.
- State your relationship to the decedent clearly. Select one of the options provided and check the corresponding box.
- Input the date of death and the decedent's age at the time of death in the designated spaces.
- Indicate whether the decedent lived in New Mexico or another state by checking the appropriate box and providing the necessary details.
- List the names, relationships, ages, and addresses of the decedent's spouse, children, and other heirs. Make sure to include all relevant individuals.
- Confirm that a thorough search for the decedent's will was conducted, stating that none was found.
- Indicate whether a personal representative has been appointed elsewhere or if any probate action is underway.
- Choose and indicate whether you have been made aware of any demands for notice regarding the estate.
- Specify whether the decedent died more than 120 hours ago, but less than three years ago, or more than three years ago, but confirm that an informal appointment is still required.
- Sign the application and print your name beneath your signature.
- Provide your address, city, state, zip code, and telephone number in the spaces provided.
- Affirm the truthfulness of your statements by signing and dating the sworn statement section in front of a notary public.
- If applicable, gather consent from other individuals with equal or higher priority by having them sign and provide their information as required at the bottom of the form.
What You Should Know About This Form
What is the purpose of the 4B 101 form?
The 4B 101 form is used to request an informal appointment as a personal representative for someone's estate when there is no will. After a person passes away, their estate needs to be settled, and this form helps initiate that process. By filling out this application, you are stating your relationship to the deceased and your desire to serve as the personal representative responsible for managing the estate’s assets and ensuring debts are paid. This procedure is straightforward and avoids the complexities often associated with formal probate procedures.
Who is eligible to be appointed as a personal representative using the 4B 101 form?
Eligibility primarily revolves around your relationship with the deceased. You can apply if you are the surviving spouse, an heir to the estate, or an interested person such as a creditor. Different priorities exist, so it is essential to check the instructions that accompany the form. If you have been nominated by someone with higher priority and have their consent, that also qualifies you. This is a crucial first step to ensure that the right individual manages the estate.
What information is required when filling out the 4B 101 form?
The form requests vital details about the deceased, including their date of death and age at the time of passing. You will also need to provide your relationship to the deceased and the names and addresses of their heirs. Lastly, a crucial part of the application involves stating whether or not you believe a will exists, so thoroughness in your search is vital. Accurate and comprehensive information helps streamline the process and minimizes complications.
What happens after I submit the 4B 101 form?
Once the 4B 101 form is submitted to the probate court, the court will review your application. If everything checks out and no disputes arise, the court is likely to grant your request and appoint you as the personal representative. Following this, you will be given Letters of Administration. These letters legally authorize you to manage the estate, allowing you to pay debts and distribute assets accordingly. Keep in mind that being a personal representative comes with responsibilities, so being prepared for these duties is vital.
Do I need a lawyer to file the 4B 101 form?
You are not required to hire a lawyer to complete the 4B 101 form, as it is designed for individuals to use themselves. However, if your situation is complicated, such as disputes among heirs or unclear estate assets, seeking legal advice might be a wise choice. A lawyer can help clarify the process and ensure all steps are correctly followed, potentially saving you trouble in the long run.
Can I be challenged after being appointed as the personal representative?
Yes, it is possible for someone to challenge your appointment as the personal representative after you have been granted authority. Those with a higher priority for appointment can contest this, especially if they believe they were overlooked. Therefore, it’s important to obtain written consent from anyone with equal or higher priority when applying. Open communication with other beneficiaries can often prevent conflicts and ensure a smoother probate process.
Common mistakes
Filling out the 4B 101 form correctly is crucial for the successful appointment of a personal representative in New Mexico. One common mistake occurs when applicants do not clearly state their relationship to the decedent. The form requires a selection from specific categories, such as surviving spouse or heir. Omitting this detail can lead to confusion regarding eligibility and might delay the process.
Another frequent error is failing to provide accurate information about the decedent's date of death and age. Both pieces of information are essential for the court's records. Inaccurate entries can raise questions and potentially result in complications during the application process.
Many applicants also overlook the requirement to thoroughly search for the decedent's will before asserting there isn't one. This section necessitates a careful review to confirm that no will exists. Incomplete diligence in this area might cast doubt on the validity of the application.
Lastly, some individuals mistakenly neglect to check for any existing probate actions related to the decedent. This includes any demands for notice from interested parties or prior personal representative appointments. Failing to disclose this can lead to significant delays or rejections of the application, as it is vital to establish whether the decedent's estate is already under formal proceedings.
Documents used along the form
The 4B-101 form is an application for the informal appointment of a personal representative in a probate case without a will. When completing this process, there are several other documents that may be required or helpful. The following list highlights those forms and documents along with a brief description of each.
- 4B-012 - This form provides general information about priorities for the appointment of a personal representative. It outlines who is first in line to serve based on their relationship to the decedent.
- 4B-013 - This is a Consent to Appointment form. It shows that other individuals with equal or higher priority agree to the proposed personal representative and have signed their consent.
- 4B-202 - The Letters of Administration are issued by the court once a personal representative is appointed. This document grants the representative the authority to manage and settle the estate.
- 4B-015 - This document is a Notice of Hearing for those interested in the probate case. It informs them about the date and time of hearings relevant to the estate administration.
Understanding these accompanying forms can help streamline the probate process. Having the necessary documents ready will aid in a smoother appointment as a personal representative, allowing for effective estate management.
Similar forms
- Last Will and Testament: This document outlines a person's wishes regarding the distribution of their estate after death. Like the 4B 101 form, it requires information about the decedent, including names of heirs and the absence of other claims, especially if no will exists. It formalizes the appointment of a personal representative if the will names one.
- Letters of Administration: When a court issues Letters of Administration, it grants authority to the personal representative to manage the estate. Similar to the 4B 101, it verifies the personal representative’s qualifications and may relate to situations where no will is present, confirming the authority to act on behalf of the estate.
- Affidavit of Heirship: This document is often used to establish who the heirs are when a person dies intestate (without a will). The affidavit serves a purpose akin to the 4B 101 form by identifying relationships with the deceased and affirming the lack of a will, thereby supporting the claim of the stated heirs.
- Petition for Probate: This legal request initiates the probate process for a decedent's estate. Similar to the 4B 101 form, it seeks to appoint a personal representative and requires full disclosure of the decedent’s heirs and any claims or demands known to the applicant, reinforcing the need for clarity and transparency in the probate process.
Dos and Don'ts
When filling out the 4B 101 form, consider the following do's and don'ts:
- Do ensure that all required sections are completed accurately, including details regarding the decedent and your relationship to them.
- Do provide clear and legible answers, as illegible handwriting may cause delays in processing.
- Do review the information multiple times to confirm its accuracy before submitting the form.
- Do attach any necessary documents, such as signatures from those with priority, to support your application.
- Don't omit any crucial information, as missing details can impact your application’s acceptance.
- Don't use vague language when describing your relationship with the decedent; clarity is essential.
- Don't forget to check for the presence of a will and confirm that the decedent did not create one.
- Don't sign the form without having it notarized, as this step is essential for legal validity.
Misconceptions
Misconceptions about the 4B 101 form can lead to confusion and uncertainty during an already difficult time. Here are four common misunderstandings clarified.
- Misconception 1: The 4B 101 form can only be used if the decedent died without a will.
- Misconception 2: The person filling out the form must be the spouse of the decedent.
- Misconception 3: It is unnecessary to search for other heirs or relevant parties.
- Misconception 4: Once the form is submitted, the appointment of a personal representative is automatic.
This form is specifically designed for situations where there is no will. However, it is essential to know that if a will exists, different procedures apply. This form is not appropriate for those scenarios, and one should consult the legal instructions pertaining to wills.
While being a surviving spouse is one valid qualification for acting as a personal representative, other individuals can also apply. Heirs and interested parties, including creditors, may also have the right to complete this form, provided they fulfill other eligibility criteria.
A thorough search for the names and addresses of all potential heirs is required when filling out the 4B 101 form. This step ensures that the court recognizes all individuals who may have a claim to the estate. Neglecting this search can lead to legal complications later.
Submitting the 4B 101 form does not guarantee an immediate appointment. The court must review the application and may require an appearance before a judge. Furthermore, if any objections arise from other parties, those will need to be resolved before a personal representative is officially appointed.
Key takeaways
Filling out the 4B 101 form correctly is essential for the smooth appointment as a personal representative of an estate in New Mexico. Here are some key takeaways to keep in mind:
- Understanding Your Eligibility: Make sure you know your relationship to the deceased. Options include being their surviving spouse, an heir, or an interested party such as a creditor.
- Confirm the Decedent's Information: Include accurate details about the decedent’s date of death and residence, whether in New Mexico or elsewhere.
- Thoroughly Search for a Will: Before assuming that the decedent died without a will, conduct a diligent search. The absence of a will is a critical statement in your application.
- Verify Other Probate Actions: Ensure that there is no other ongoing probate process in New Mexico or elsewhere that could complicate your application.
- Gather Required Signatures: If there are others who have equal or higher priority to serve, their consent must be documented through signatures on the form.
- Know the Time Constraints: Confirm that the decedent died more than 120 hours ago but within the last three years to qualify for informal appointment.
- Complete Personal Information: Don’t forget to provide your own contact details accurately. This includes your name, address, and phone number to facilitate communication.
By following these takeaways, you can better navigate the nuances of the 4B 101 form and help ensure a seamless appointment process as the personal representative of an estate.
Browse Other Templates
Salvage Certificate California - Applicants must state the date the vehicle was wrecked, destroyed, or stolen.
Cac2 Form - Include the date of submission at the bottom of the form.
Boiler Operator Job Description - Stay informed on any changes affiliated with the renewal process annually.