New Mexico probate code · checked October 2026
For money and belongings, New Mexico's affidavit limit is $50,000 — applied to the estate after the assets that pass automatically are taken out. Like Maine, New Mexico measures its $50,000 on the ENTIRE estate — real-estate equity can disqualify the affidavit, which in any event 'may not be used to perfect title to real estate' (§ 45-3-1201(C)). The affidavit, where one exists, cannot be used until 30 days have passed since the death.
The affidavit limit today: $50,000, judged by the law in force on the date of death.
The paper: Affidavit of successor / Affidavit for Collection of Personal Property (NMSA 45-3-1201, presented, not filed); vehicle form MVD-10013 Affidavit of Claiming Successor; homestead affidavit under 45-3-1205 recorded with the county clerk.
How it moves: presented to whoever holds the property; no court case is opened.
The wait: 30 days after the death before the affidavit can be used.
For a surviving spouse: No higher spousal cap for personal property; the spouse-only benefit is the separate homestead track - a surviving spouse may take the couple's community-property homestead (assessed value up to $500,000) by affidavit under 45-3-1205.
| Track | Limit | How it works |
|---|---|---|
| Small-estate affidavit | $50,000 | Presented to whoever holds the property; no court case. Form: Affidavit of successor / Affidavit for Collection of Personal Property (NMSA 45-3-1201, presented, not filed); vehicle form MVD-10013 Affidavit of Claiming Successor; homestead affidavit under 45-3-1205 recorded with the county clerk. |
| Summary Administrative Procedure (NMSA 45-3-1203, closing by sworn statement under 45-3-1204) | — | Summary administration (§ 45-3-1203) has no fixed cap — it follows the family-allowance formula. Separately, a surviving spouse may take the couple's community-property homestead by a recorded affidavit (§ 45-3-1205) once six months have passed, if its assessed value is $500,000 or less and all unsecured debts are paid. |
A vehicle is tangible personal property collectible by the 45-3-1201 affidavit; for title transfer the successor uses MVD Form MVD-10013 (Affidavit of Claiming Successor, under 45-3-1201 and 66-3-105(C)).
The 45-3-1201 affidavit has no solvency precondition (entitlement, 30 days, and no personal-representative application pending/granted only); by contrast the 45-3-1205 homestead affidavit requires that funeral expenses, expenses of last illness and all unsecured debts have been paid.
Rules checked October 2026 · Sources: NMSA 45-3-1201; NMSA 45-3-1203; NMSA 45-3-1204; NMSA 45-3-1205; NMSA 45-6-401 et seq.. This page reads the published law; it is not legal advice, and the court is the final word.