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

Answers:

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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.