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Section
1. Acknowledgmentsl
Section 2. Resources
• Where to go for Reference Materials
• Website Listings for References and Information
Section 3. Introduction to Probate Courts and Glossary
• Introduction: Probate
• Judges' Glossary
Section 4. Jurisdiction and Venue of Probate Courts
• Probate Court Jurisdiction
• Exclusive District Court Jurisdiction
• Domicile
• Venue
• Examples
Section 5. When a Probate is Required
• When a Probate is Required
• Probate Estate, Defined
• Gross Estate, Defined
• Various Ways to Title Property
Section 6. Wills
• Valid or Not?
• Other Kinds of Wills
• Sample Wills
• Tangible Personal Property List
Section 7. Personal Representatives
• Who Has Priority to Serve?
• Examples
• What if Person With Highest Priority Does Not Want to Serve?
• Co-Personal Representatives
• Successor Personal Representative
• Resignation by Personal Representative
• Bond Required of Personal Representative
• Limited Appointment of Personal Representative?
• Duties of Personal Representatives
Section 8. Probate Procedures
• To Docket or Not to Docket?
• Probate Court Forms
• Proof of Death
• Initial Probate Application
• Things for the Judge to Check re: Personal Representatives
• Who are the Heirs?
Section
8. Probate Procedures (cont'd)
• Who are the Heirs? (cont'd)
• Summary of Common Errors on Initial Application
• Pro Se Applicant Errors
• Attorney Errors
• Initial Probate Order
• Testate Orders
• Intestate Orders
• How to Issue Letters
• Appendix 1: Checklist of New Mexico Informal Probate Pleadings
Section 9. Closing the Estate
• Verified Statement
• Summary Administration
• Certificate of the Court
• Formal Closing
• Newly Discovered Property
• Reopening Old Cases for Mistake or Inadvertence
Section
10. Records, Reporting & Fees
• Docket Sheets & Index
• Court Costs and Fees
• Retention & Public Record Requirements for Storing Cases
Section 11. Transferring Cases to District Court
• How to Transfer a Case to District Court
• Reports to District Court
Section 12. Judicial Conduct
• Code of Judicial Conduct
• Ex Parte Communications by Judge with Parties
• Confidentiality v. Public Record
• Unauthorized Practice of Law
• Gender Equality
Section 13. Real Property and Ancillary Property
• Real property as Part of Estate
• Probate Opened in Your County, with Real Property Located in New Mexico,
but Outside of Your County
• Real Property Located Outside of New Mexico
• Manufactured (Mobile) Homes as Part of Estate
• Ancillary Probates
Section 14. Miscellaneous Topics
• Special Administrators
• More than Three Years since Decedent’s Death
• Agreements Among Successors, Section 45-3-912
• Disclaimer Statutes
• Family/Personal Property Allowances
• Omitted Spouse and Children
• Small Estate Affidavits
• Transfer of Homestead Affidavits
• Collection of Decedent’s Final Paycheck
• Creditors Claims
• Sample Affidavits
Section 15. Wedding Ceremonies
• Who May Perform Weddings
• Marriage License Required
• Limit on Fees for Performing Weddings
• Ceremony
• Certain Marriages Restricted or Prohibited
Section 16. Safety Valves
Section 17. Communicating with the Public
• Available only in Paper Version
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