Executor Appointment In Probate

Summary

In New Mexico, when someone dies without a will, intestate succession laws apply. To be appointed as an executor, file a petition for adjudication of intestacy with the probate court. Notify all interested parties, including your mother, and seek written consent from other heirs if possible. The court will hold a hearing to determine the rightful heirs and issue an order listing them and their shares of the estate. If utilities are turned off, address this in probate court.

Full Conversation

No will
I'm sorry to hear about your situation. Here are some key points regarding intestate succession (when someone dies without a will) in Arizona:
- Intestate Laws: Since your grandmother had no will, Arizona's intestate succession laws will determine who inherits her estate.
- Executor: The court will appoint an executor. If all heirs agree, you could be appointed.
- Utilities: Your mother turning off utilities could be problematic. You may need to address this in probate court.
Would you like information on how to start the probate process?
I live in new Mexico
Got it, thanks for clarifying! Here are some key points regarding intestate succession (when someone dies without a will) in New Mexico:
- Intestate Laws: New Mexico's intestate succession laws will determine who inherits your grandmother's estate.
- Executor: The court will appoint an executor. If all heirs agree, you could be appointed.
- Utilities: Your mother turning off utilities could be problematic. You may need to address this in probate court.
Would you like information on how to start the probate process in New Mexico?
No but what can I file for the judge to consider me has an Executor since my mom will contest
Case Rating: *
In New Mexico, to be appointed as an executor (also known as a personal representative), you can file a petition with the probate court. Here are the steps:
- Petition for Appointment: File a "Petition for Adjudication of Intestacy and Appointment of Personal Representative."
- Notice: Notify all interested parties, including your mother.
- Consent: Get written consent from other heirs if possible.
Would you like more detailed information on how to file the petition?
Can you ecplain adjudication of Intestacy
Case Rating: *
Sure, adjudication of intestacy is the legal process of determining the heirs of a deceased person who passed away without a will. Here are the main steps:
- Petition: File a petition in probate court for adjudication of intestacy.
- Notice: Notify all potential heirs and interested parties.
- Hearing: The court will hold a hearing to determine the rightful heirs.
- Order: The court issues an order listing the heirs and their shares of the estate.
If you have any other questions or need more details, feel free to ask!