Serving as a personal representative.

What a personal representative does.

The personal representative (PR) files the will with the court, is appointed, and then administers the estate until it is distributed. The job is more administrative than most people expect and can take months or longer.

1. Locate the will and start a probate case, either informal or formal
2. Be appointed and receive letters from the court
3. Take control of estate assets and keep them separate from personal funds
4. Prepare an inventory, generally within three months of appointment, and send it to interested persons who ask
5. Notify heirs and creditors and handle valid claims
6. File the decedent's final tax returns and any estate returns
7. Pay debts, taxes, and expenses, then distribute what remains

New Mexico allows informal probate in many cases, which is faster and less supervised. See our guide on informal vs. formal probate. Very small estates may qualify for a simpler process using an affidavit after a waiting period.

Who can serve.

Most adults can serve, including a beneficiary, a family member, or a friend. A person with a conflict, a serious criminal history, or incapacity may be passed over. A bank or trust company can also serve. If you name no one, or your choice cannot serve, the court appoints someone by priority set in the statute.

Choosing well.

• Organized and reliable: deadlines matter
• Fair and trusted: especially if there are several beneficiaries
• Willing: ask before naming
• Nearby, or able to manage from afar
• Name a backup: otherwise the court chooses

Pay and personal risk.

A PR is entitled to reasonable compensation and reimbursement of expenses. New Mexico does not set a fixed percentage. Many family members waive pay. PRs can be personally liable for mistakes such as distributing to beneficiaries before paying valid claims, so this is not a role to take lightly.