Q: In New Mexico if my father has a will naming my brother as executor is his estate required by law to go through probate?
My father just passed away and he named my brother as his legal representative in his will. My brother believes because he is listed as my father legal representative that my fathers estate does not have to go through probate court. Is that correct? If not what exactly is the law regarding probate and what estates have to go through it and which estates do not have to go through it?
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A: Where there’s a will there’s probate. The will only nominates an executor. It takes a court order to appoint an executor. Most of the time the court goes along with the nomination in the will, but not always.
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