Chapter 8, Section F:|
Deceased Owner, No Will or Unprobated Will - Claiming Successor
Revised July 12, 2012
If the owner of a vehicle or vessel dies and
leaves no will, or the will has not been probated, there are two ways to
accomplish a transfer of title: Claiming Successor and Transfer Without
Probate (Section G).
When the net estate value of the deceased owner is no more than $50,000, the claiming successor may apply for title.
Note: The dollar limit on the net estate value increased from $30,000 to $50,000 effective January 1, 2012.
Section 45-3-1201(A) NMSA 1978 - Collection of personal property by affidavit.
A. Thirty days after the death of a decedent, any person indebted to the decedent or having possession of tangible personal property or an instrument evidencing a debt, obligation, stock or chose in action belonging to the decedent shall make payment of the indebtedness or deliver the tangible personal property or an instrument evidencing a debt, obligation, stock or chose in action to a person claiming to be the successor of the decedent upon being presented an affidavit made by or on behalf of the successor stating that:
If title is lost, claiming successor may apply for a duplicate Title. Clerk will process transaction as a title transfer and add in duplicate title fees.
NOTES: • Claimant does not need to be related to the deceased. • Field office personnel must certify on the copy, that they have viewed the original or a certified copy of the Death Certificate or DD Form 1300.