What paperwork needs to be filed after someone dies?

After a death, families typically need to file 47+ forms including: IRS Form SS-4 (estate EIN), IRS Form 56 (executor notice), Social Security death notification, SSA-8 lump-sum benefit, SSA-10 survivor benefits, final 1040 tax return, life insurance claims, probate petition, and notifications to banks, credit bureaus, and government agencies.

How do I apply for a Social Security death benefit?

You can claim the $255 Social Security lump-sum death benefit (SSA-8) by calling 1-800-772-1213 or visiting your local Social Security office. You must claim within 2 years of the death. A surviving spouse or dependent child is eligible. LastingPath provides a step-by-step wizard for SSA-8.

Do I need probate if someone dies without a will?

It depends on the estate value and state. Many states allow small estates under $50,000–$100,000 to skip probate using a Small Estate Affidavit. Estates above the threshold typically require probate court even without a will. LastingPath helps you determine if you qualify for the small estate process.

What is an estate EIN and do I need one?

An estate EIN (Employer Identification Number) is a tax ID for the deceased's estate. You need one to open an estate bank account, file the estate tax return (Form 1041), and handle most financial transactions. You apply for it using IRS Form SS-4, which LastingPath can guide you through in minutes.

How long does estate administration take?

Simple estates with no real estate and under the small estate threshold can be settled in 1–3 months. Estates going through probate typically take 6–18 months. Most time-sensitive tasks (Social Security, IRS notifications, creditor notices) have deadlines within the first 60–90 days.

How do I get an EIN for an estate?

File IRS Form SS-4 to obtain an Employer Identification Number (EIN) for the deceased's estate. You can apply online at irs.gov, by fax, or by mail. The EIN is required to open an estate bank account, file estate tax returns, and manage financial transactions on behalf of the estate. LastingPath walks you through the SS-4 application step by step.

What is Form 56 and when do I need to file it?

Form 56 is the Notice Concerning Fiduciary Relationship filed with the IRS. It formally notifies the IRS that you (the executor, administrator, or personal representative) are acting on behalf of the deceased's estate. You should file Form 56 as soon as you are appointed by the court or named in the will. LastingPath's guided wizard helps you complete and file Form 56 correctly.

How do I claim Social Security survivor benefits?

File SSA-10 for monthly survivor benefits if you are a surviving spouse, dependent child, or other eligible dependent. You can apply by calling Social Security at 1-800-772-1213 or visiting your local office. Survivor benefits can provide ongoing monthly income based on the deceased's earnings record. LastingPath guides you through the SSA-10 application process.

What is the deadline for filing estate tax returns?

Form 706 (United States Estate Tax Return) is due 9 months after the date of death. You can request an automatic 6-month extension using Form 4768. For 2026, estates exceeding $13.61 million in gross assets are required to file. The estate income tax return (Form 1041) is due on April 15 of the year following death. LastingPath tracks these deadlines and sends reminders.

How do I notify creditors of a death?

Send written notice to known creditors within the timeframe required by your state (typically 30–90 days after appointment). Most states also require publishing a notice in a local newspaper to notify unknown creditors. Creditors then have a limited window (usually 3–6 months) to file claims against the estate. LastingPath's Creditor Shield tool helps you manage creditor notifications and analyze claims.

Do I need probate if the estate is small?

Many states allow small estate affidavits for estates below a certain threshold, typically $25,000 to $200,000 depending on the state. A small estate affidavit lets you transfer assets without going through formal probate court proceedings, saving significant time and legal fees. LastingPath covers small estate affidavit guidance for all 50 states and helps you determine if you qualify.

How do I transfer a vehicle title after death?

Contact your state DMV with the death certificate, the vehicle title, and proof of your authority as executor or heir (Letters Testamentary or small estate affidavit). Requirements vary by state — some require an odometer reading, emissions test, or notarized affidavit. LastingPath's vehicle transfer wizard provides state-specific instructions and required documents.

What is a Letters Testamentary?

A Letters Testamentary is a court document that officially grants the executor authority to act on behalf of the estate. It is issued by the probate court after the will is validated. Banks, insurance companies, and government agencies require Letters Testamentary before they will release assets or information. If there is no will, the equivalent document is called Letters of Administration.

How long does estate administration typically take?

Simple estates take 6–12 months to fully settle, while complex estates with real property, business interests, or contested claims can take 1–3 years. Key milestones include obtaining the EIN (week 1), filing IRS and SSA notifications (month 1), completing probate (months 3–12), and making final distributions. LastingPath provides a personalized timeline and deadline tracker for your estate.

Can I handle estate administration without a lawyer?

Yes, for straightforward estates with clear beneficiaries, no disputes, and assets below the estate tax threshold, many executors handle administration themselves. LastingPath provides guided wizards for every form and task, AI-powered assistance for questions, and state-specific guidance. For complex situations involving business assets, tax planning, or family disputes, consulting an estate attorney is recommended.

How long does probate take in New Mexico?

Probate in New Mexico typically takes 6–12 months. The timeline depends on estate complexity, whether a will exists, and how quickly creditors are notified. New Mexico offers a simplified probate track for qualifying estates, which can be significantly faster.

Do I need a lawyer to settle an estate in New Mexico?

For small estates under $50,000, you can typically handle the affidavit process yourself without an attorney. For larger estates going through probate at the District Court (Probate Division), legal guidance is strongly recommended — especially if the estate includes real property, business interests, or creditor disputes. LastingPath helps you prepare the paperwork and understand the process, though we are not a law firm.

How do I transfer a car title after death in New Mexico?

Vehicle title transfers in New Mexico are handled by the New Mexico Motor Vehicle Division (MVD). You will typically need a certified death certificate, the existing vehicle title, and proof of your authority (such as Letters Testamentary or a small estate affidavit). If the estate qualifies under New Mexico's $50,000 small estate limit, you may be able to transfer the title using the simplified affidavit process. Visit New Mexico Motor Vehicle Division (MVD)'s official website for current forms and fees.

Does New Mexico have a state estate tax?

No. New Mexico does not have a state estate tax. The estate only needs to consider federal estate tax obligations (currently applicable to estates over $13.99M in 2025).

What forms do I need to file with the IRS when someone dies?

Regardless of which state you are in, federal requirements apply to all estates. You will typically need to: (1) Apply for an Estate EIN using IRS Form SS-4; (2) File IRS Form 56 to notify the IRS you are the executor or personal representative; (3) File the decedent's final individual income tax return (Form 1040); and (4) If the estate generates income, file a fiduciary income tax return (Form 1041). LastingPath has step-by-step wizards for the SS-4 and Form 56.

Estate Administration in New Mexico: A Complete Step-by-Step Guide

Key Insight for New Mexico Estates

New Mexico follows the Uniform Probate Code. The $50,000 small estate threshold and informal probate option make New Mexico relatively straightforward for executors.

Does New Mexico Have a Small Estate Process?

Yes. New Mexico allows estates valued under $50,000 to use a simplified process called the "Affidavit for Collection of Personal Property" instead of going through formal probate. This process is typically faster, cheaper, and requires significantly less paperwork than opening a full probate case in New Mexico.

No Waiting Period: New Mexico does not require a waiting period before filing the Affidavit for Collection of Personal Property.

To use New Mexico's small estate process, you will typically need:

A certified death certificate (order 8–12 copies from the vital records office)
An itemized list of the decedent's probate assets and their approximate values
A completed and notarized Affidavit for Collection of Personal Property
Proof of your identity and relationship to the decedent

Get the Affidavit for Collection of Personal Property →

Probate in New Mexico

If the estate exceeds $50,000 or includes real property that does not transfer automatically, you will need to open a probate case with the District Court (Probate Division) in the county where the deceased resided.

Probate in New Mexico typically takes 6–12 months. New Mexico offers a simplified or informal probate track that can reduce the time and cost significantly for straightforward estates.

New Mexico Probate at a Glance

Court: District Court (Probate Division)
Duration: 6–12 months
Simplified Track: Available
Typical Filing Deadline: Within 30 days of death

As executor or personal representative, you will need Letters Testamentary (if there is a will) or Letters of Administration (if there is no will) issued by the District Court (Probate Division). These documents authorize you to manage estate assets, close accounts, pay debts, and distribute property to heirs.

Visit the District Court (Probate Division)

Your Estate Administration Checklist for New Mexico

These are the most important tasks to complete after a loved one passes away in New Mexico. LastingPath tracks each step and generates the required forms for you.

To doObtain certified death certificates — order 10–15 copies from New Mexico's vital records office (you will need one for almost every institution you contact)
To doApply for an Estate EIN using IRS Form SS-4 — required to open an estate bank account and file estate tax returns
To doFile IRS Form 56 to notify the IRS that you are the executor or personal representative of the estate
To doNotify the Social Security Administration (SSA) of the death and stop any ongoing benefit payments
To doFile Form SSA-8 to claim the SSA Lump Sum Death Benefit ($255) — must be claimed within 2 years
To doDetermine if the estate qualifies for New Mexico's Affidavit for Collection of Personal Property (estates under $50,000)
To doNotify the New Mexico Motor Vehicle Division (MVD) and transfer vehicle titles — you will need a death certificate and proof of authority
To doCancel the driver's license with the New Mexico Motor Vehicle Division (MVD) to prevent identity fraud
To doNotify the three major credit bureaus — Equifax, Experian, and TransUnion — to place a deceased alert and prevent identity theft
To doFile the decedent's final federal income tax return (Form 1040) by the April 15 deadline following the year of death
To doIf the estate generates income during administration, file a fiduciary income tax return (Form 1041) for the estate
To doNotify life insurance companies, banks, retirement account custodians, and pension providers to begin beneficiary claim processes
To doCancel subscriptions, memberships, utilities, and other recurring services in the decedent's name

Get Your Personalized New Mexico Checklist →

LastingPath Tools for New Mexico Estates

LastingPath generates state-specific forms and guides for every step of settling an estate in New Mexico. Sign up to access all tools — one flat fee, no subscriptions.

New Mexico Small Estate Affidavit

Generate the Affidavit for Collection of Personal Property pre-filled for New Mexico — covers estates under $50,000.

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SS-4 Estate EIN Application

Get your Estate EIN from the IRS — required to open an estate bank account and file estate tax returns.

Open tool →

IRS Form 56 (Executor Notification)

Notify the IRS that you are the executor. Required to receive estate-related correspondence from the IRS.

Open tool →

SSA-8 Death Benefit Claim

Claim the $255 Social Security lump sum death benefit. Must be filed within 2 years of the date of death.

Open tool →

New Mexico Vehicle Transfer

Transfer vehicle titles through the New Mexico Motor Vehicle Division (MVD) after a death. We generate the required forms.

Open tool →

Notify All Institutions

Generate notification letters for banks, credit cards, insurance companies, employers, and credit bureaus in one step.

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Frequently Asked Questions

How long does probate take in New Mexico?: Probate in New Mexico typically takes 6–12 months. The timeline depends on estate complexity, whether a will exists, and how quickly creditors are notified. New Mexico offers a simplified probate track for qualifying estates, which can be significantly faster.
What is the small estate limit in New Mexico?: New Mexico's small estate threshold is $50,000. If the total probate estate is under this amount, you may qualify to use the "Affidavit for Collection of Personal Property" instead of going through formal probate. There is no mandatory waiting period in New Mexico — you can file the affidavit immediately.
Do I need a lawyer to settle an estate in New Mexico?: For small estates under $50,000, you can typically handle the affidavit process yourself without an attorney. For larger estates going through probate at the District Court (Probate Division), legal guidance is strongly recommended — especially if the estate includes real property, business interests, or creditor disputes. LastingPath helps you prepare the paperwork and understand the process, though we are not a law firm.
How do I transfer a car title after death in New Mexico?: Vehicle title transfers in New Mexico are handled by the New Mexico Motor Vehicle Division (MVD). You will typically need a certified death certificate, the existing vehicle title, and proof of your authority (such as Letters Testamentary or a small estate affidavit). If the estate qualifies under New Mexico's $50,000 small estate limit, you may be able to transfer the title using the simplified affidavit process. Visit New Mexico Motor Vehicle Division (MVD)'s official website for current forms and fees.
Does New Mexico have a state estate tax?: No. New Mexico does not have a state estate tax. The estate only needs to consider federal estate tax obligations (currently applicable to estates over $13.99M in 2025).
What forms do I need to file with the IRS when someone dies?: Regardless of which state you are in, federal requirements apply to all estates. You will typically need to: (1) Apply for an Estate EIN using IRS Form SS-4; (2) File IRS Form 56 to notify the IRS you are the executor or personal representative; (3) File the decedent's final individual income tax return (Form 1040); and (4) If the estate generates income, file a fiduciary income tax return (Form 1041). LastingPath has step-by-step wizards for the SS-4 and Form 56.

New Mexico-Specific Considerations

New Mexico is a community property state. No state estate or inheritance tax. New Mexico Magistrate Courts handle probate for decedents with smaller estates.

Settling an Estate in New Mexico

Does New Mexico Have a Small Estate Process?

Probate in New Mexico

Your Estate Administration Checklist for New Mexico

LastingPath Tools for New Mexico Estates

Frequently Asked Questions

New Mexico-Specific Considerations

Ready to settle the estate in New Mexico?