I hope to get a few recommendations for an attorney to probate a will in an ancillary proceeding in Lea County, NM. The will has been probated in Texas and the proceeding in NM is needed to clear a mineral title for royalty payments.
Thanks in advance for any help that can be sent my way.
Regards,
Phil
I am in the same situation, did you find an attorney? Thanks.
You may not need to hire an attorney. Typically, you can get the authority of the foreign domiciliary personal representative recognized in New Mexico by obtaining authenticated copies of the appointment of the personal representative, the will, the final order, and any other pertinent document in the foreign probate court and filing them with the probate court in New Mexico where the interest is located. The NM probate court will issue evidence of the authority and then you can record a simple personal representative’s deed and attach the evidence of authority.
Dave Max Royalty
I had my father’s will probated here in W. Texas last year. I had our attorney in Roswell FILE THE PROBATED WILL last year. Cost me about $500 to have him file the probated will (don’t forget to get certified copy of death certificate to file with it). I am getting ready to probate his mother’s will (my grandmother) here in W. Texas and then have it filed in Lea County via our attorney.
The ONLY PLACE you probate a will is in the county where the person died. Once probated there, you can file that probated will WITH any other county in the US (I cannot address outside the USA). At least that’s what I’ve been told by the probate judge (ret) from Lea County, NM.
So, I hope that helps.
States differ as to the law on succession. In Oklahoma, ND and some other states, you have to file an ancillary or a supplement probate in any other state where the decedent owned oil and gas interests.
The County Clerks in both Lea and Roosevelt told me that I only had to file the probate proceedings as a document in their files since I only own minerals and not the land
We got my grandmothers probated will back from the court here in W. Texas and are about to hire another attorney (long story) to file her probated will in Lea County, NM.
That should occur in the next week or two. Should NOT take more than a week or so and again another $500 to get this work done.
Once that is finished, I WILL post another post on this thread about what happened,. how long it took, who we used and how long it took to get it through Lea County, NM court.
JRW, we had to do the same thing in Lea County. This was to release funds held in suspense.
By the way, noting your initials, are we in the same bible study?
DA
Actually, you have to have a Proof of Authority filed with the NM courts. Unfortunately, only an attorney can do this.
Best!
Can I ask how long the process took? And how long after the probate was completed, did it take to receive your funds? I am currently in the same situation. The probate is nearly finished. Thanks!
I didn’t need an attorney. Was quite easy. Once I submitted all the needed documents it took about 1 week to get the NM probate done.
Yes, you got the will probated. But you still need the Lea County judge to agree with your probate.
ONCE you have done that, THEN you will have done your part.
talk to your attorney (if you have one) - they will explain it to you better than I can.
Good luck
jim w san angelo, tx
Maybe I don’t have everything completed. But I do have the Lea County Probate Judge’s order and the oil company was satisfied with everything I had.