Losing a friend or loved one is heartbreaking, and the burden of dealing with their estate can be overwhelming. By hiring an experienced New Mexico Probate lawyer familiar with the process, you can save yourself time, money and difficulty at an already difficult time.
For your initial consultation, contact Barnett Law Firm, PA today.
Probate Proceedings
Probate is the process that passes a deceased person’s property to his or her heirs under the supervison of the court. Probate proceedings are generally initiated by the individual(s) named in the will as the personal representative. Probate involves presenting the will of the deceased to the Court, and having the court enforce that will. Proceedings are conducted in the New Mexico County in which the person died, or in which that person held property.
Our attorneys help ensure a smooth asset transfer for clients who have recently lost a loved one. In such distressing times, court proceedings are the last things you want to worry about. We provide a full range of cost effective probate and estate administration services. We are
knowledgeable in probate law and work to resolve outstanding estate matters.
For more information on probate without a will, please see: Intestate Proceedings
For more information on the Probate and Administration process, and to ensure as smooth a transfer of assets as possible, contact Barnett Law Firm, PA today.
Non-Probate Proceedings
Non probate transfers are generally done in one of three ways: by title, by trust, and by contract.
- Title: Assets transferred by title include property owned as joint tenants or with a beneficiary designation providing for pay or transfer on death. These assets include real property, bank accounts, automobiles..
- Trust: If a trust is created and funded, a trust can contain provisions regarding transfer of property at time of death.
- Contract: Assets that pass by contract include life insurance policies and pension plans.
In most instances, a title to non-probate assets will pass at death without any court proceeding. Depending on the asset; however, other steps may be necessary to fully transfer ownership. If a person has arranged for non probate transfer of their property, this does not mean that a will is not necessary. A will is still recommended in order to provide clear administration of an estate.
