In many states the law provides an informal means or process for administering small estates, as defined by the state’s statutes.

For example, in some states an estate under a certain value may be distributed using an affidavit known as a small estate affidavit that is signed by the persons to whom the estate’s assets are to be distributed and two disinterested witnesses.

And other states have a simplified small estate process under which the successor to an interest in real property may petition the court to transfer the real property and recognize the transfer of personal property.

Laws vary from state to state and a state’s informal process for administering a small estate is usually located in the state’s statutes—often in the estates code or probate code.

In New Mexico, the law provides for an informal process to administer small estates through the use of a small estate affidavit. According to New Mexico Statutes Section 45-3-1201, if the value of the estate does not exceed $50,000 for personal property or $250,000 for real property, the successors may use an affidavit to collect the property without formal probate. The affidavit can be used by the successors thirty days after the decedent's death to collect the assets. For real property, the process involves filing a written request with the court, and if the court is satisfied with the evidence presented, it may issue an order declaring the transfer of the real property to the successors. This simplified process is designed to make it easier for small estates to be settled without the need for a lengthy or complex probate process. It is important for individuals to consult with an attorney to ensure compliance with all legal requirements and to determine the most appropriate course of action for administering a small estate in New Mexico.