Albuquerque, NM asked in Probate for New Mexico

Q: wife died with $1700 in her account, bank needs small estate affidavit + death cert., how do I get that affidavit?

They have the death certificate but that was not enough. I am 82 and my main source of income is social security.

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1 Lawyer Answer
Anthony M. Avery
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  • Probate Lawyer
  • Knoxville, TN

A: Call the Court in your County that handles Probate and ask them. It should not be difficult. But if Probate costs too much, you might try an Affidavit of Heirship. Possibly legal aid might assist. It can be recorded and might then suffice for the Bank to release funds to the Next of Kin. Otherwise you are left with suing Bank in Court for Conversion as a Next of Kin.

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