What Do I Do When Someone Dies in New Mexico?

A step-by-step checklist for the days, weeks, and months after a death, with the state's rules, deadlines, fees, and official forms noted on the steps they apply to. Free PDF.

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New Mexico Executor Checklist

50 tasks to complete

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Notify immediate family members

Contact close family members who need to know. Coordinate funeral arrangements and gather contact information for extended family and friends.

Confirm who has authority over final arrangements

New Mexico: State law sets the order of who controls disposition of remains. Order: Decedent's own written instructions per § 24-12A-1 (signed statement, notarized or witnessed by two persons, or express statement in the will); then Surviving spouse; then Majority of surviving adult children; then others in statutory order. A written pre-need designation by the deceased, if one exists, controls over this order.

Arrange burial, cremation, or other disposition

Work with a funeral home, crematory, or other provider to arrange disposition of the body. State rules govern cremation waiting periods, required authorizations, and burial or disposition permits. The funeral home typically provides certified death certificates and files the death certificate with vital records.

New Mexico: Medical examiner authorization is required before cremation. A burial or disposition permit is required, issued by State registrar or local registrar. For in-state disposition by a licensed funeral service practitioner or direct disposer, no burial-transit permit is required. For out-of-state transport or disposition by a non-licensee, a burial-transit permit is issued by the state or local registrar (§ 24-14-23). Cremation permits are issued by the Office of the Medical Investigator.. The death certificate must be filed within 5 days. Typical state costs: direct cremation ~$1,200, direct burial ~$2,800, traditional funeral ~$7,500.

How many death certificates do I need?

Obtain certified death certificates

New Mexico: Order from New Mexico Department of Health - Bureau of Vital Records. Fee: $5/copy. Available: online, phone, mail, in-person. Processing: 6-12 weeks by mail; 3-5 business days through VitalChek.

Unsure how many death certificates you need?

Secure the residence and valuables

Change locks if necessary, ensure the home is secured, and safeguard valuable items. Review who has keys and whether security measures are needed.

New Mexico: Homestead exemption up to $150,000.

Locate estate planning documents

Find the original will, trust documents, and any amendments. Check the home, safe deposit box, and contact any attorney the deceased worked with.

Determine if probate is necessary

Evaluate whether the estate qualifies for small estate procedures or if full probate is required based on asset values and types.

New Mexico: Small estate affidavit available for estates under $50,000. Informal (unsupervised) probate available. Independent administration reduces court oversight.

Do I need probate?Estimate probate costs in your state

Arrange mail forwarding or collection

Ensure mail is collected regularly to identify bills, accounts, and important correspondence. Forwarding mail to the executor/trustee is common practice.

USPS death notification procedures

Notify Social Security Administration

Report the death to Social Security. The funeral home often does this, but verify it was done. Surviving spouse may be eligible for benefits.

Federal: Timing: As soon as possible after death — payments for the month of death and later must be returned. The funeral home typically initiates the report. SSA: 1-800-772-1213.

SSA death notification procedures

Notify Medicare/Medicaid if applicable

Cancel Medicare coverage and return the Medicare card. If on Medicaid, notify the state agency to avoid benefit continuation.

New Mexico: Medicare: No Medicare notification deadline — coverage ends with the death and CMS is notified through SSA. Deadlines that do bind the estate: a Medicare Secondary Payer demand must be repaid within 60 calendar days or interest accrues (42 CFR 411.24(h)), and any claim for services furnished before death must be filed within 12 months of the date of service.. If the deceased received Medicaid, New Mexico's estate recovery program (New Mexico Health Care Authority — Medical Assistance Division, Estate Recovery Program) may file a claim against the estate for benefits paid. Exemptions and hardship waivers are state-specific.

Medicare/Medicaid death notification procedures New Mexico Medicaid estate recovery program

Notify Veterans Affairs if applicable

If the deceased was a veteran, notify the VA to stop benefits and inquire about burial benefits and survivor benefits.

Federal: Timing: No fixed deadline to report the death, but report right away to stop payments and avoid overpayment debt; accrued-benefits and substitution requests are due within 1 year of death, and non-service-connected burial allowance claims within 2 years of burial. VA: 1-800-827-1000 (select 5 to report a death); 1-800-535-1117 (national cemetery scheduling).

VA death notification and survivor benefits

Notify employer or former employer

Contact employer about final paycheck, accrued PTO, life insurance, retirement benefits, and COBRA options for survivors.

Employer benefits and pension after a death

Notify banks and financial institutions

Contact each bank and financial institution. They will freeze accounts until proper documentation is provided.

Find your bank or credit union death claim process FDIC guidance on accounts after a death

Notify insurance companies

Contact life insurance companies to file claims. Also notify health, auto, and homeowner insurance to update or cancel policies.

New Mexico: Divorce automatically revokes beneficiary designations naming a former spouse on life insurance, retirement accounts, POD bank accounts, TOD investment accounts, annuities (NMSA § 45-2-804). Employer plans governed by federal law (ERISA) and federal benefits are not affected by the state rule. Confirm whether any designation predates a divorce before it is paid out.

Find your insurance company death claim process

Freeze credit at all three bureaus

Place a deceased alert or credit freeze with Equifax, Experian, and TransUnion to prevent identity theft. Over 2 million deceased identities are stolen annually.

FTC identity theft prevention for the deceased

Gather financial account statements

Collect recent statements for all bank accounts, investment accounts, retirement accounts, and any other financial accounts.

What are my personal items worth for probate?

Gather real estate documents

Locate deeds, mortgage statements, property tax bills, and homeowner insurance policies for all real property. Check the county recorder for any recorded Transfer on Death deeds.

New Mexico: Homestead exemption up to $150,000. New Mexico allows Transfer on Death (TOD) deeds. Check the county recorder's office to see if a TOD deed was recorded -- if so, the property transfers outside probate.

What is a Transfer on Death deed?

Gather recent tax returns

Locate the last 3-5 years of federal and state income tax returns. These help identify income sources, assets, and deductions.

Do I have to file tax returns for someone who died?IRS procedures when someone dies

Obtain an EIN for the estate

Apply for an Employer Identification Number (EIN) from the IRS. The estate needs its own tax ID to open bank accounts and file tax returns.

Apply for an estate EIN IRS procedures when someone dies

File petition for probate with the court

Submit the original will (if any) and petition to open probate. You will need to pay filing fees and may need to post a bond.

New Mexico: File with the County Probate Court (informal/uncontested); District Court (formal, contested, or heir determination). E-filing is not open to self-represented filers. Filing fee $30. Informal probate available. Independent administration reduces court supervision. Typical duration: 6-18 months.

Can I self-file probate?

Obtain letters testamentary or administration

Once appointed by the court, obtain letters testamentary (with will) or letters of administration (without will). These prove your authority.

New Mexico: Letters Testamentary are issued by the Clerk of the Probate Court, after the applicant files a signed Acceptance of Appointment (4B-305) affirmed under penalty of perjury. The state's title for the role is Personal Representative. The Letters document is official form 4B-307 (will) / 4B-306 (no will) (Letters Testamentary (4B-307) / Letters of Administration (4B-306)). Typically filed with the petition: Death certificate (original) — presented to the probate judge at filing so the date of death can be confirmed, then returned to the personal representative; county intake practice, not a statutory, rule, or form requirement; Original will and any codicils (attached to the 4B-302 application when testate); Acceptance of appointment as personal representative (Form 4B-305), signed and affirmed under penalty of perjury (NMSA 1978, §§ 45-3-307, 45-3-601); Order for informal probate / appointment for the probate judge to sign (Form 4B-304 will / 4B-303 no will); Notice of informal appointment of personal representative (Form 4B-401) with proof of notice (Form 4B-402).

Letters Testamentary (4B-307) / Letters of Administration (4B-306) (official form)

Post surety bond if required

If the court requires a bond, obtain a surety bond from an insurance company. The bond protects beneficiaries from executor misconduct.

New Mexico: Bond generally not required. Typical premium: 0.5% of estate value.

Open an estate bank account

Open a dedicated checking account for the estate using the EIN and letters testamentary. All estate income and expenses flow through this account.

Consider hiring a probate attorney

For complex estates or if unfamiliar with probate, hiring an attorney is common. Many states allow statutory attorney fees.

New Mexico: Attorney fees typically 1.8-2.9% of estate.

Find a probate attorney in your state Can I self-file probate instead?

Publish notice to creditors

Publish a notice in a local newspaper to alert potential creditors. This starts the creditor claim period running.

New Mexico: Publication is optional in New Mexico, but publishing for 3 consecutive weeks is what starts the claim period. The executor places the notice with the newspaper directly. Creditors have 4 months from first publication to file claims. Direct notice to a known creditor is optional and does not shorten their deadline — they get the later of the claim period or 60 days from the mailing. Proof of publication must be filed with the court.

What are the creditor claim deadlines?Official notice form (4B-501)Find a legal newspaper (state press association)

Inventory digital accounts and assets

Identify email accounts, social media, online banking, cryptocurrency, and other digital assets. Note any password managers used.

New Mexico: New Mexico has adopted digital asset access laws (2017). User authorization or court order may be required to access accounts. Online tool authorizations (like Google Inactive Account Manager) are valid.

Digital assets guide

Search for unclaimed property and lost assets

Search the state unclaimed property database for forgotten bank accounts, uncashed checks, insurance proceeds, and refunds owed to the deceased. Estates frequently recover assets the deceased never tracked.

New Mexico: Search New Mexico Taxation and Revenue Department — Unclaimed Property Unit for forgotten accounts, refunds, and uncashed checks owed to the deceased.

New Mexico Taxation and Revenue Department — Unclaimed Property Unit unclaimed property search

Manage real estate

Maintain property, continue paying mortgage and taxes, arrange for property management if needed, and prepare for sale or transfer.

New Mexico: New Mexico is a community property state. Real property acquired during marriage belongs to both spouses equally. Community property receives a full step-up in basis. File appropriate affidavits with the county recorder to establish surviving spouse ownership.

Estimate probate costs for real estate

Review and manage investments

Review investment accounts, decide whether to maintain or liquidate positions, and manage accounts prudently during administration.

Find your brokerage death claim process SEC guidance on accounts after a death

Handle retirement accounts

Contact retirement account custodians about beneficiary claims. IRAs and 401(k)s typically pass by beneficiary designation, not through the estate.

Find your retirement provider death claim process Are my beneficiary designations protected?

Identify and list all debts

Create a comprehensive list of all debts including credit cards, loans, mortgages, and any other obligations.

What are the creditor claim deadlines?CFPB guidance on debts after a death

Cancel subscriptions and memberships

Cancel recurring charges for subscriptions, memberships, and services no longer needed.

Managing digital accounts after a death

File inventory with the court

Prepare and file an inventory of all estate assets with their values. The filing deadline runs from your appointment as personal representative and is set by state law.

New Mexico: Inventory due within 90 days of appointment — you may either file it with the court or send it to interested persons who request it. You set the fair-market values yourself; no independent appraiser is required. Supplemental inventory required for assets discovered after the initial filing.

What are my personal items worth for probate?

Review and respond to creditor claims

Review claims submitted by creditors. Reject invalid claims and pay valid debts from estate/trust assets.

New Mexico: After a claim is rejected, the creditor has 60 days to sue on it. If the estate cannot pay every claim, payment order: Costs and expenses of administration; then Reasonable funeral expenses; then Debts and taxes with federal preference; then remaining claims in statutory order.

What are the creditor claim deadlines?

Wait for creditor claim period to expire

Do not make final distributions until the creditor claim period has expired. This protects you from personal liability.

New Mexico: Creditor claim period is 4 months from first publication. All claims are barred 1 year after death regardless of notice.

What are the creditor claim deadlines?

Transfer vehicle titles

Transfer ownership of vehicles to beneficiaries or the estate. Contact the state DMV with a death certificate and title documents.

New Mexico: New Mexico does not offer transfer-on-death vehicle title designations. Vehicles pass through the estate or under other title rules.

What are my personal items worth for probate?

File final personal income tax return

File a final IRS Form 1040 for the deceased covering January 1 through date of death. Write "DECEASED," the decedent's name, and the date of death across the top of the return. If filing jointly with a surviving spouse, include both incomes. Attach Form 1310 to claim a refund, unless you are the surviving spouse filing a joint return or a court-appointed personal representative attaching a copy of the court certificate to the original return.

New Mexico: File PIT-1 (New Mexico Personal Income Tax Return) for January 1 through date of death. Due the same day as the decedent's federal income tax return (generally April 15 of the year following death) — "the filing date for the return of a deceased taxpayer is the same as if the taxpayer had lived the entire year". The decedent's spouse or personal representative files the final PIT-1. Per the 2025 PIT-1 instructions ("Representatives of Deceased Taxpayers"), the person filing for the decedent enters the month, day, and year of death on PIT-1 line 4c or 4d, and a copy of the death certificate must be submitted with the PIT-1. If a joint federal return was filed for the decedent and the surviving spouse, file a joint New Mexico return. If a refund check must be made payable to someone other than the surviving spouse or the estate, enter the claimant's name and SSN on lines 4a/4b and attach Form RPD-41083 (Affidavit to Obtain Refund of New Mexico Tax Due a Deceased Taxpayer) plus a copy of the death certificate. Extension: New Mexico recognizes and accepts the IRS automatic six-month extension (federal Form 4868), which moves a calendar-year TY2025 return to October 15, 2026; Form RPD-41096 is needed only when additional New Mexico time is required beyond the federal extension, and must be submitted on or before the original April 15 due date. An extension of time to file does not extend time to pay. N.M. Stat. Ann. § 7-2-12.

Do I have to file tax returns for someone who died?IRS procedures when someone dies IRS Form 1040 (Federal)IRS Free File PIT-1 (New Mexico Personal Income Tax Return) (New Mexico)New Mexico Online Filing

File estate/trust income tax return

If the estate or trust earns income during administration ($600 in gross income), file IRS Form 1041. Required if estate gross income is $600 or more, or if any beneficiary is a nonresident alien. The estate can choose a fiscal year. Use Form 7004 for an automatic 5.5-month extension of time to file.

New Mexico: File FID-1 (New Mexico Fiduciary Income Tax Return) for estate/trust income. Required when Derivative of the federal filing requirement, not a New Mexico dollar test: TRD states "Every fiduciary who must file a federal Fiduciary Income Tax Return (federal Form 1041) also files a FID-1" — i.e., the trigger is the federal Form 1041 obligation (which federal law, IRC § 6012(a)(3), imposes on an estate with $600+ of gross income), applied to an estate/trust that is a New Mexico resident or has New Mexico-source income. Exception: a fiduciary of a grantor trust that files federal Form 1041 under Treas. Reg. § 1.671-4(a) is not required to file FID-1. Statutory hook: N.M. Stat. Ann. § 7-2-12 (filing required of anyone "required by the laws of the United States to file a federal income tax return").. Due the same day as the required federal return (generally April 15 for calendar-year estates) — the FID-1 states: "The FID-1, accompanying schedules and payments are due on the same day as the required federal return.". Estates and trusts are subject to New Mexico personal income tax at the § 7-2-7(B) rates (1.5%–5.9%, the same schedule as single individuals) — but, unlike individuals, they get NO standard deduction (§ 7-2-2(N) allows it only to "taxpayers other than estates or trusts"). FID-1 starts from federal taxable income of the fiduciary. A revocable living trust is a grantor trust and generally files no FID-1 while the grantor is alive, but TRD is explicit that death changes that: "If, however, a grantor trust becomes irrevocable upon the grantor's death, it must file form FID-1." Even if the estate or trust is not itself required to file a FID-1, each beneficiary must report their share of estate/trust income on their own PIT-1. File via Taxpayer Access Point (tap.state.nm.us). N.M. Stat. Ann. §§ 7-2-3, 7-2-7(B), 7-2-12.

Do I have to file tax returns for someone who died?IRS procedures when someone dies IRS Form 1041 (Federal)FID-1 (New Mexico Fiduciary Income Tax Return) (New Mexico)

Determine if estate tax return is required

For estates exceeding the federal exemption ($15,000,000), IRS Form 706 is required. Some states have lower thresholds. File Form 4768 for an automatic 6-month extension of time to file. The estate and GST tax is still due within 9 months of death; an extension of time to pay must be requested separately on the same form. Form 706 may also be filed to elect portability of the unused exemption to a surviving spouse.

New Mexico: No state estate or inheritance tax. Only federal Form 706 applies if estate exceeds the federal exemption ($15,000,000).

How much are estate and inheritance taxes?IRS procedures when someone dies IRS Form 706 (Federal)Form 4768 (Extension)

Obtain tax clearance if required

Some states require tax clearance or closing letters before final distribution. Distributing without clearance can create personal liability for the executor or trustee.

New Mexico: New Mexico does not require a state tax clearance certificate before an estate distributes. The state estate tax computes to $0 and there is no inheritance tax. TRD does issue a "certificate of no tax due" — but only on the estate tax track, and only where a federal Form 706 is required: the personal representative files Form RPD-41058 (New Mexico estate tax return) together with the Form 706, and TRD returns the certificate for the estate's records. An estate that files no Form 706 needs no certificate at all — "if the estate is not required to file a federal estate tax return, the filing of a certificate by the department is not required" (NMSA 1978 § 7-7-8(B)) — and nothing gates distribution. Where a Form 706 is required, the certificate still is not a distribution gate, but it is a COURT gate: § 7-7-8(C) provides that "no court shall allow the final settlement of the account of any personal representative" until the certificate is filed or the representative demonstrates that no federal estate tax return was required. The personal representative must still see that the final PIT-1 and any FID-1 are filed and the tax paid.

Do I have to file tax returns for someone who died?New Mexico Tax Clearance

Determine your executor commission

An executor or personal representative is entitled to compensation for administering the estate. Some states set commissions by statute; others allow reasonable compensation. Decide whether to take a commission and document the basis before final distribution.

New Mexico: Executor compensation must be reasonable (no fixed statutory schedule). States that do set a schedule pay 2.2%–3.8% of an estate this size. Commissions are taxable income to the executor and are usually waived when the executor is also the main beneficiary.

How much can an executor charge?

Prepare distribution plan

Create a detailed plan for distributing assets according to the trust terms, will provisions, or intestate succession laws.

Who inherits without a will?

Notify beneficiaries of proposed distribution

Provide beneficiaries with a proposed distribution and accounting before making distributions.

I'm inheriting - what do I need to know?

Handle specific bequests

Distribute specific items (jewelry, heirlooms, etc.) to named beneficiaries as specified in the will or trust.

What are my personal items worth for probate?

Obtain receipts and releases from beneficiaries

Have beneficiaries sign receipts acknowledging distributions. Releases from liability are also commonly obtained.

Distribute assets to beneficiaries

Transfer assets to beneficiaries according to the distribution plan. Keep detailed records of all distributions.

Prepare final accounting

Create a detailed accounting showing all assets, income, expenses, and distributions. This may be required by the court or beneficiaries.

File final accounting with the court

Submit the final accounting to the probate court for approval. This is required before the estate can be formally closed.

Can I self-file probate?

Petition to close the estate

File a petition with the court to formally close the estate once all duties are complete.

Estate closing forms

Retain records for required period

Keep copies of all documents, accountings, receipts, and tax returns. Most professionals recommend keeping records for 7-10 years.

I understand this is general guidance only and requirements vary by state. I will verify all requirements with my state's probate court.I understand this checklist is not legal advice; a licensed attorney handles legal questions.Send me helpful estate planning resources and updates

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This checklist provides general guidance for estate settlement. Requirements vary by state and circumstance. Consult a licensed attorney for legal advice.Data verified 2026-09-15

Frequently Asked Questions

Request 10-15 certified copies from the funeral home or state vital records office. You will need these for banks, insurance companies, government agencies, and other institutions. Each institution typically requires an original certified copy. Order from New Mexico Department of Health - Bureau of Vital Records. Fee: $5/copy. Available: online, phone, mail, in-person. Processing: 6-12 weeks by mail; 3-5 business days through VitalChek.

State law sets the order of who has the legal right to decide burial, cremation, or other disposition. A written pre-need designation by the deceased, if one exists, controls. Confirm who holds this authority before arrangements are made. State law sets the order of who controls disposition of remains. Order: Decedent's own written instructions per § 24-12A-1 (signed statement, notarized or witnessed by two persons, or express statement in the will); then Surviving spouse; then Majority of surviving adult children; then others in statutory order. A written pre-need designation by the deceased, if one exists, controls over this order.

Evaluate whether the estate qualifies for small estate procedures or if full probate is required based on asset values and types. Small estate affidavit available for estates under $50,000. Informal (unsupervised) probate available. Independent administration reduces court oversight.

Submit the original will (if any) and petition to open probate. You will need to pay filing fees and may need to post a bond. File with the County Probate Court (informal/uncontested); District Court (formal, contested, or heir determination). E-filing is not open to self-represented filers. Filing fee $30. Informal probate available. Independent administration reduces court supervision. Typical duration: 6-18 months.

Once appointed by the court, obtain letters testamentary (with will) or letters of administration (without will). These prove your authority. Letters Testamentary are issued by the Clerk of the Probate Court, after the applicant files a signed Acceptance of Appointment (4B-305) affirmed under penalty of perjury. The state's title for the role is Personal Representative. The Letters document is official form 4B-307 (will) / 4B-306 (no will) (Letters Testamentary (4B-307) / Letters of Administration (4B-306)). Typically filed with the petition: Death certificate (original) — presented to the probate judge at filing so the date of death can be confirmed, then returned to the personal representative; county intake practice, not a statutory, rule, or form requirement; Original will and any codicils (attached to the 4B-302 application when testate); Acceptance of appointment as personal representative (Form 4B-305), signed and affirmed under penalty of perjury (NMSA 1978, §§ 45-3-307, 45-3-601); Order for informal probate / appointment for the probate judge to sign (Form 4B-304 will / 4B-303 no will); Notice of informal appointment of personal representative (Form 4B-401) with proof of notice (Form 4B-402).

After a Death in New Mexico

Estate settlement in New Mexico begins with determining whether probate is required. Estates under $50,000 may qualify for simplified procedures that avoid formal court involvement. For larger estates, probate provides a structured process for resolving debts and distributing assets.

The 4 months creditor claim period in New Mexico is a key factor in the settlement timeline. No final distribution should occur until this period expires. State procedure sets a practical floor of about 6 months before an estate can close (NMSA § 45-3-1003 (6-month minimum); typical/max are industry estimates). Simple estates close in 4 months to 6 months from the date of filing.

New Mexico does not require an executor bond by default. The bond can be waived through a provision in the will, reducing upfront costs. The executor is responsible for managing estate expenses, filing tax returns, and providing a final accounting to the court and beneficiaries. New Mexico provides a family allowance for eligible survivors during administration, up to $30,000 (NMSA § 45-2-402).

Estate settlement expenses in New Mexico include attorney fees, executor fees, court costs, and creditor notice publication — about $24,985 on a $500,000 estate. Estates held in a revocable living trust avoid probate entirely and settle in weeks rather than months.

SimplyTrust Editorial·Updated September 8, 2026

Legal Sources

Data sourced from New Mexico statutes and official state code. How we research.

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Decline an appointment as executor — the writing filed with the court, drafted to your state's rule, with its deadline and filing office.

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Prepare the sworn statement of a deceased person's family history and heirs for recording in the county land records, composed to your state's statute with its recording instructions.

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Small Estate Affidavit

Prepare the affidavit that collects a small estate's property without probate — the official state form or an affidavit drafted to statute, plus a presentation letter for each holder.

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Estate Inventory

Prepare the probate inventory of estate property — every asset at its date-of-death value, composed to your state's statute, with the state's filing or delivery instructions.

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How Much Does Probate Cost?

Estimate attorney fees, executor fees, court costs, and timeline for probating an estate in your state. See if the estate qualifies for simplified probate procedures.

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How Much Can an Executor Charge?

Calculate how much an executor (personal representative) can charge for administering an estate. See if your state has statutory fees or uses reasonable compensation.

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