In the absence of administration, the heirs and devisees are entitled to the estate in accordance with the terms of a probated will or the laws of intestate succession. Devisees may establish title by the probated will to devised property. Persons entitled to property by the family allowance, personal property allowance or intestacy may establish title thereto by proof of the decedent‘s ownership, his death and their relationship to the decedent. Successors take subject to all charges incident to adminstration [administration], including the claims of creditors and allowances of surviving spouse and dependent children, and subject to the rights of others resulting from abatement, retainer, advancement and ademption.

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Terms Used In New Mexico Statutes 45-3-901

  • Decedent: A deceased person.
  • Dependent: A person dependent for support upon another.
  • Intestate: Dying without leaving a will.
  • Personal property: All property that is not real property.