Probate Attorney in Albuquerque NM

Guidance Through Every Step of the Probate Process

Losing a loved one is difficult enough without the added stress of navigating the legal system. Probate — the process of settling an estate after death — can be complicated, time-consuming, and emotionally draining.


At Hernandez Law LLC in Albuquerque, New Mexico, clients receive calm, professional guidance through each stage of probate. Whether you are an executor managing a will or a family member unsure of where to begin, you will work directly with an experienced probate attorney who understands the legal requirements and emotional realities of this process.



The firm’s goal is to make probate as efficient and straightforward as possible, so you can focus on what truly matters — honoring your loved one’s memory and moving forward with peace of mind.

What Is Probate

Probate is the legal process of administering an estate after someone passes away. It involves verifying the will (if one exists), paying debts and taxes, and distributing remaining assets to the rightful heirs or beneficiaries.



In New Mexico, probate typically involves:



  1. Filing a petition with the probate court
  2. Appointing a personal representative (executor)
  3. Gathering and valuing estate assets
  4. Notifying creditors and paying valid debts
  5. Filing tax returns, if applicable
  6. Distributing assets to beneficiaries
  7. Closing the estate

Even when a will is present, the process must follow strict procedures and timelines. Having a skilled attorney ensures these steps are completed correctly and efficiently.

When Probate Is Required

Probate is generally required when the deceased person owned property solely in their name without joint ownership or beneficiary designations.

Common examples include:


  • Real estate owned individually
  • Vehicles or bank accounts not set up with “transfer on death” designations
  • Personal property of significant value
  • Situations where there is no valid will

Hernandez Law LLC can help determine whether probate is necessary, what type of proceeding applies (formal or informal), and how to minimize costs and delays.

How Hernandez Law LLC Helps During Probate

Working with Hernandez Law LLC means you will receive legal and practical support throughout the entire probate process. Attorney David N. Hernandez, JD, MBA, MPA, provides clear, step-by-step guidance for executors, heirs, and families.


Services include:


  • Filing the necessary court documents to open probate
  • Assisting with appointment of the personal representative
  • Preparing and submitting estate accountings
  • Handling notices to creditors and heirs
  • Managing communication with the court and financial institutions
  • Guiding distribution of assets according to the will or New Mexico law

  • Ensuring proper closure of the estate

Clients receive updates at every stage, ensuring transparency and understanding.

 Common Probate Challenges

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Missing or unclear wills

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Family disputes over inheritance

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Disagreements about executor duties

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Unpaid debts or tax complications

Avoiding Probate in the Future

While probate can be managed smoothly with proper legal help, many clients prefer to plan ahead to help their families avoid it altogether.

Hernandez Law LLC assists with proactive estate planning strategies, including:

  • Creating revocable living trusts

  • Establishing joint ownership on property

  • Adding payable-on-death designations to accounts

  • Drafting clear and valid wills

By planning ahead now, you can minimize the burden on loved ones later.


Executor and Personal Representative Guidance

If you have been named as an executor or personal representative, you have a legal duty to handle the estate responsibly. These responsibilities can be demanding, and mistakes can result in personal liability.

Hernandez Law LLC assists executors with:


  • Understanding fiduciary obligations
  • Maintaining detailed records of estate transactions
  • Managing assets until distribution
  • Filing required tax documents
  • Closing the estate properly

Having professional guidance ensures that all legal requirements are met, reducing stress and potential errors.

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Formal and Informal Probate in New Mexico

New Mexico allows for two main types of probate proceedings:


  • Informal Probate: Used when there is a clear will, no disputes, and cooperative heirs. It is faster and less expensive.
  • Formal Probate: Required when there is disagreement, uncertainty, or the need for judicial supervision.

Hernandez Law LLC helps determine which process applies to your situation and manages all filings accordingly.

Schedule a Probate Consultation

Probate does not have to be overwhelming. With experienced legal guidance from Hernandez Law LLC, you can settle your loved one’s estate with confidence and care. Contact the firm today to schedule your private consultation.