Contesting Probate In New Mexico

Summary

To contest a probate in New Mexico, file a Petition to Contest Probate at the Otero County Probate Court. Gather evidence like birth certificates and affidavits to prove heirship. Attend hearings to present your case. Obtain the petition form from the courts website or in person. Consider hiring a probate attorney for guidance.

Full Conversation

What do i file if my father left my bothers and i off the probate filings of my mothers probate who died with no will
Hi ****, it sounds like you and your brothers may need to file a petition to contest the probate. This process typically involves:
- Filing a petition to contest the probate with the court.
- Providing evidence that you and your brothers are rightful heirs.
- Attending hearings to present your case.
Could you please tell me your location so I can provide more specific guidance?
New mexico
Hi ****! In New Mexico, you and your brothers can file a petition to contest the probate. Here are some steps:
- File a petition to contest the probate with the court.
- Provide evidence that you and your brothers are rightful heirs.
- Attend hearings to present your case.
Would you like information on the nearest court or additional guidance on filing the petition?
Yes

Second Judicial District Court - Bernalillo County


Phone: (*) *-*
Address: * Lomas Blvd NW, Albuquerque, NM *
Website: www.nmcourts.gov

Would you like more details on the process of filing the petition to contest probate, or do you have any other questions about this matter?
Yes the probate is in otero county in New Mexico
Got it, ****. Here are the details for the Otero County court where you can file the petition:

Otero County Probate Court


Phone: (*) *-*
Address: * New York Ave, Room *, Alamogordo, NM *
Website: www.nmcourts.gov

Would you like more details about the process of contesting the probate, or do you have any other questions?
Yes more details
To contest the probate in New Mexico, follow these steps:
- File a Petition: Submit a petition to contest the probate at Otero County Probate Court.
- Gather Evidence: Collect documents proving you and your brothers are rightful heirs.
- Attend Hearings: Be present at scheduled court hearings to present your evidence.
- Legal Representation: Consider hiring a probate attorney for guidance and representation.
Do you need information on the types of evidence required or anything else?
What petition do i file
****, you and your brothers should file a "Petition to Contest Probate" with the Otero County Probate Court. This petition challenges the current probate filings and asserts that you and your brothers are rightful heirs.
Would you like more details on the types of evidence needed or how to fill out the petition?
Yes how to fill out
To fill out a "Petition to Contest Probate," follow these steps:
- Petitioner Information: Include your name, address, and contact details.
- Decedent Information: Include your mother's name, date of death, and county of residence.
- Heir Information: List yourself and your brothers as heirs.
- Grounds for Contest: Clearly state why you believe the probate filings are incorrect.
- Evidence: Attach any documents proving your and your brothers' right to the estate.
- Signature: Sign the petition before submitting it.
Would you like more details on what evidence to gather?
Yes
To gather evidence for your "Petition to Contest Probate," consider the following:
- Birth Certificates: Prove your relationship to your mother.
- Death Certificate: Your mother's death certificate.
- Affidavits: Statements from relatives or others verifying your and your brothers' relationship to your mother.
- Estate Documents: Any documents related to your mother's estate that support your claim.
Would you like more details on where to obtain these documents or any other assistance?
Where do i obtain a petition to contest probate
You can obtain a "Petition to Contest Probate" form from the Otero County Probate Court. You can either visit the court in person or check their website for downloadable forms.

Otero County Probate Court


Phone: (*) *-*
Address: * New York Ave, Room *, Alamogordo, NM *
Website: www.nmcourts.gov

Do you need any assistance with filling out the petition or any other questions?