What happens if you don’t file a Will with the probate cort?

I have an estate of less than $1,000,000. What happens if the executor of my Will never files anything with probate court? Who would know? Why would anyone care?

Asked on June 28, 2017 under Estate Planning, New Mexico


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

For small estates many jurisdictions, including NM, offer probate shortcuts for "small estates". There is a quickerm less exnsive probate that is available. Additionally, if an estate is under a certain value, probate may be skipped entirely. All an inheritor has to do is prepare an "affidavit" (i.e. a short document) that states they are entitled to a certain asset; it is then signed under oath. For further information, you can contact the county probate court.

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