After a case has been reviewed and meets the requirements of State Law for the probate of will (if any) and appointment of personal representative (executor), the probate judge may order in the informal forum, the probate of the will and appointment.

 But, it is only AFTER the Court receives the sworn acceptance of the appointment by the applicant personal representative to properly administrate the estate under the law that the Court can actually issue Letters of Administration or Testamentary (if a will is probated). Only after the issue of the Letters, is the personal representative fully empowered to take the estate in hand to see to its complete and right settlement on the persons (including creditors) entitled to it.

 In all cases, the Court staff tries to comply with requests for help and service within the compass and restrictions of the law. The County Probate Judge is consulted by the staff about questions when necessary. She heads both the Court and the department which it constitutes within the county. Ex officio, the Sandoval County Clerk is clerk of the court.

 When a case is first proposed for admission to probate or documents (then or subsequently) are presented for filing in an estate it is important to ask:

 1. Is the proposed case or filing in due form according to the Probate Code?

 2. Is the proposed case or filing in conformity with the limitations and allowances made for such
     proceedings by law?

     Especially:

          a. Do the proceedings or filings address the Court properly having jurisdiction over the
              matter they proposed? Each document should be captioned at top:

                 In the Probate Court
                 County of Sandoval
                 State of New Mexico

          b. Are the proceedings or filings requiring sworn statements properly verified and
              notarized?

          c. Do all conforming copies expected to be endorsed-filed back show all the original
           does, including such verifications and signature as b. mentions?

          d. At the start of the case has the $30.00 docket fee been included (made out to the
              Sandoval County Probate Court)? Please do not send cash in the mail. If certifications
              or copies have been ordered, has the correct amount for these too been included?
              (Copy costs can be obtained from the Sandoval County Clerk's Office.)

E-mail address is: kwapich@flash.net
Link: Sandoval County Probate Court