Q: Do I need to file probate in New Mexico where my husband died in an accident without a will?
A: The estate should be probated where your husband resided. If he lived in New Mexico, payed taxes, utilities, voted etc. the probate the will in New Mexico, if his residence was in another state the estate should be probated in that state.
A: Under the New Mexico Wrongful Death Act, a Petition for the Appointment of Personal Representative would need to be filed. This would typically be in the county where your husband resided. Once the Order of Appointment is issued by the judge, the personal representative can proceed with the lawsuit.
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