Lori Frank  is a graduate of the University of New Mexico. Having worked for the probate court since 1999, she has a broad knowledge of probate law and the operation of the court. She helped to write the New Mexico Probate Judges Manual and often assists other probate judges, the public and attorneys with questions about probate issues. Prior to working for Bernalillo County, Lori was a legal assistant. Lori is the Court Administrator and also serves as a liaison for the department, managing the day-to-day operations of the court.

Tony Garcia  is the Court Legal Assistant for the Bernalillo County Court of Wills, Estates and Probate. He has been an integral part of the court since 2002. He joined the court after having worked at the Second Judicial District Court in the Special Services Division. He assists customers who need assistance in opening a probate case in the probate court - with or without a last will and testament. He dockets incoming new probate cases submitted to the Bernalillo County Probate Court - both walk-ins and those received by mail. He conducts intake with walk-in customers and answers general questions about probate for customers, attorneys and the community. Mr. Garcia graduated from the University of New Mexico with an associates degree in general business. He received an associate's degree in applied science in paralegal studies from Central New Mexico Community College. In addition, Mr. Garcia is a retired from the U.S. Air Force with 21 years; 13 of those in the USAF Judge Advocate General (JAG).

Ambrosha Miranda is from Los Lunas, N.M. She is a graduate of Central New Mexico Community college with her associate's degree in Paralegal Studies. She is currently at student at the University of New Mexico, working toward her bachelor's degree in Criminology. Ambrosha is our new Probate Clerk and her duties include docketing cases, customer service, scanning new and old cases, and data entry.

Bernalillo County Probate Court, One Civic Plaza NW, 6^th Floor, Albuquerque.NM 87102    Telephone: 505.468.1232, Fax: 505.468.1298

Second Judicial District Court, Civil Division, P.O. Box 488, Albuquerque, NM  87103   Telephone: 505.841.8400 Fax: 505.841.7495

JURISDICTION OF THE COURT
State law limits the jurisdiction of the Probate Courts to uncontested informal (with no hearings) proceedings to:

• Admitting wills to probate
• Appointing personal representatives
• Appointing special administrators

 State law also allows probate judges to perform marriages within their county only.

A probate proceeding can be filed in the Bernalillo County Probate Court if:

• The decedent was domiciled in Bernalillo County at the time of death (i.e., Bernalillo County was the permanent place of the decedent's abode), or
• The decedent lived outside of New Mexico but owned property in Bernalillo County.

The probate court also provides general information about the probate process, access to and information about probate files (searches), and information about the court history.

The probate court staff can give general information about probate procedure and law but cannot give legal advice or discuss specific issues regarding cases.

NEED

Not every estate requires a probate proceeding. It often depends on how the decedent's assets were titled or whether someone needs other legal authority to act on behalf of the estate. Examples of matters that may need a probate proceeding include, but are not limited to:

• Changing title to real property or personal property, such as bank accounts, stocks, bonds, etc.
• Dealing with creditors
• Obtaining medical or other protected records
• Filing taxes, when necessary

TIMELINE

Normally, a probate must be filed within three years following the decedent's death. Under New Mexico law no appointment of a personal representative may be made during the first 120 hours (five days) following the death.

After a probate has been filed, it needs to be kept open until all crediors receive notice, claims are resolved, taxes are paid, and estate assets are distributed. Once the probate is closed, the personal representative no long has authority to act on behalf of the estate.

OPENING A PROBATE CASE

The Application and Acceptance must be signed in the presence of a notary public prior to submission to the court. The Applicant is swearing that the statements made in these documents are complete, accurate, and truthful to the best of his/her knowledge.

• Submit an original death certificate and the Application, Order, Acceptance and Letters Testamentary/Letters of Administration.
• Submit at least one set of copies for the court to endorse stamp (the court keeps the original documents submitted to the court) or a fee for copies. Copies of pleadings should be placed behind the original of each document).
• Submit a self-addressed stamped envelope if he/she would like the copies mailed back.

The court will review the documents before docketing the case to make sure there are no problems. Once the case is docketed, we cannot make any refunds.

After the judge signs the order appointing the personal represenative, the court issues Letters Testamentary (when there is a will) or Letters of Administration (where there is no will). The letters give personal representatives the legal authority to conduct the decedent's estate business. See our Duties of the Personal Representatiave Brochure for further information.

HELP

Probate cases can be filed with or without the help of an attorney (pro se). Do-it-yourself forms are available for purchase from the court for $5 or can be downloaded from the court's web site for free.

A sample fill-in-the-blank Application is available on the probate court website, but you must also go to the link for the Supreme Court forms in order to download the rest of the required forms.

Occasionally, after realizing the amount of paperwork, time and responsibility involved, people will hire an attorney. We encourage people to obtain competent legal services. The court can provide information, but not legal advice.