Legal Question in Wills and Trusts in New Mexico

Closing the Estate

My brother and I are co-executors of our father's estate. When the time comes to close the estate, I understand that I will need to file a verified statement with the court. What happens if my brother does not file his statement. Will the estate still be considered open? Will my brother still be considered an active executor?


Asked on 3/02/09, 10:24 pm

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Closing the Estate

The Probate Court will issue appropriate Orders when it is time to close the estate. Any fiduciary who has not complied with the law runs the risk of being held in contempt of court and fined or jailed.

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Answered on 3/03/09, 4:56 pm


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