Legal Question in Wills and Trusts in New Mexico

Probate of Jointly Owned Property

My father and mother are residents of Florida and jointly purchased property in New Mexico. The land purchased is undeveloped. My father passed away and his estate is being probated in Florida. Will my mother have to probate the jointly owned property in New Mexico?


Asked on 1/31/01, 8:22 am

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

Re: Probate of Jointly Owned Property

It depends upon the manner in which the property was jointly held. If as Joint Tenants with Right of Survivorship [JTWROS], then no. The survivor need only file a certified copy of the death certificate with the County Clerk in the county in which the real estate is located.

If held as Tenants by the Entireties, then a probate will be necessary.

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Answered on 3/15/01, 9:05 am


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