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The End of Life Plannerby Valoren

General information · not a substitute for the advice of an attorney.

Free · general informationNew Mexico

What to do when someone dies in New Mexico

The first things New Mexico’s own law asks for after a death, quoted word for word, then the pages for everything that follows, in the order it usually comes. Nothing here decides what a particular family must do. That belongs to the office named, the court, or an attorney in New Mexico.

  • Every fact dated, in the official words
  • Each state’s own law

Every quotation checked October 24, 2026

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The free first-week checklist

Pages taken from the planner, by email: who to phone first, and a blank records sheet.

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Every quotation on this page is the official body’s own words, as they stood on the day we read them. The date is beside each one.

Filing the death certificate: who files it, and how soon

Registering the death comes first. These are New Mexico’s own words on who files the record, and how soon.

A death certificate for each death that occurs in this state shall be filed within five days after the death and prior to final disposition.

The funeral service practitioner or person acting as a funeral service practitioner who first assumes custody of a dead body shall: (1) file the death certificate;

New Mexico · general information · checked October 24, 2026 · NMSA 1978 §24-14-20(A)–(B)

What the person holding the will must do, and contempt for defying a court order

The will has its own rules. These are New Mexico’s own words on who brings it to the court after a death, and what the court does with it.

A. Any person having custody of a will shall, as soon as he is informed of the death of the testator, deliver the will to a person able to secure its probate or, if none is known, to an appropriate court.

C. Any person who refuses or fails to deliver a will after being ordered by the court in a proceeding brought for the purpose of compelling delivery is subject to penalty for contempt of court.

New Mexico · general information · checked October 24, 2026 · NMSA 1978 §45-2-516(A), (C)

A will deposited with a district court clerk for safekeeping, and who may collect it in the testator’s lifetime

A will may be deposited by the testator or his agent with the clerk of any district court in New Mexico for safekeeping pursuant to rules of that court. The will shall be kept confidential. During the testator's lifetime, a deposited will shall be delivered only to him or to a person authorized in writing signed by him to receive the will.

New Mexico · general information · checked October 24, 2026 · NMSA 1978 §45-2-515

The first weeks

The estate: probate in New Mexico, its route for a smaller estate, what falls to whoever is settling it, and the accounts that pass outside the will.

The same page for other states

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FAQ

Common questions

A death certificate for each death that occurs in this state shall be filed within five days after the death and prior to final disposition.

The funeral service practitioner or person acting as a funeral service practitioner who first assumes custody of a dead body shall: (1) file the death certificate;

New Mexico · general information · checked October 24, 2026 · NMSA 1978 §24-14-20(A)–(B)

A. Any person having custody of a will shall, as soon as he is informed of the death of the testator, deliver the will to a person able to secure its probate or, if none is known, to an appropriate court.

C. Any person who refuses or fails to deliver a will after being ordered by the court in a proceeding brought for the purpose of compelling delivery is subject to penalty for contempt of court.

New Mexico · general information · checked October 24, 2026 · NMSA 1978 §45-2-516(A), (C)

A will may be deposited by the testator or his agent with the clerk of any district court in New Mexico for safekeeping pursuant to rules of that court. The will shall be kept confidential. During the testator's lifetime, a deposited will shall be delivered only to him or to a person authorized in writing signed by him to receive the will.

New Mexico · general information · checked October 24, 2026 · NMSA 1978 §45-2-515

For anyone who would rather their family found it all in one place than went looking.

A couple. A parent. An adult child and a parent, doing it together. One sitting starts it; keep it current, and tell someone where it is.

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