How soon after a persons death does a will need to be probated?
In this case the bank account is a joint account and the only other assets are the personal residence and auto. The auto and residence are in the name of the deceased only. Please share this information in your future column. Thanks. T.E., New Mexico Regular readers know that only the car and home require a court probate proceeding. The joint bank account should transfer to the surviving joint tenant(s) without a probate. The general rule in New Mexico is that a probate case cannot be started until 120 hours (5 days) after someone dies and should be opened within three years of a person’s death. If three years or less have passed since a person died, you can usually open a probate for estates with or without a will in either the probate or district court. A few exceptions to the general three-year rule exist. One exception allows an informal appointment of personal representative more than three years after a person’s death for the purpose of confirming title to the appropriate success
