Updated: Monday, 06 Dec 2010, 12:57 PM MST
Published : Monday, 06 Dec 2010, 12:57 PM MST
Your legal questions answered by the experts of Carter & Valle Law Firm.
Question submitted 11/30/2010:
Mom passed away 10 years ago. Saw NM unclaimed property that was hers and sent in forms in. I am only child, supported Mom in last years of her life. NM returned claim and said I had to have will probated and current executor appointed by state and a death certificate. I have her will which passes what she had on to me and copy of death certificate. Will was never probrated due to fact nothing was left of value. I read wills can not be probated after 3 years. It has been around ten years so is that true? If it can have it probrated, can I take it to a judge myself (money amount is around $800 held by state).
Answer from Kathleen Carter of Carter & Valle Law Firm:
I can understand why you would want to try to handle this yourself. Opening a probate could cost the amount you are trying to recover, and yet, it is too large a sum to forego. If you live in Bernalillo County, I suggest you go down to the Probate Judge of Bernalillo County who is located in the City County Building. They are very helpful for people who are trying to do small, uncontested probates. I believe there is a procedure to open a limited probate to transfer property, even after the deadline.