New Mexico Succession Law

Hello All,

Newbie here. My family owns a 2% undivided interest in both surface and minerals in 3 tracts located in New Mexico.

I have a few succession questions if anyone can provide some light. Any assistance would be helpful.

Facts:

  • The party owning interest was a resident of the State of Oklahoma at the time of her death
  • The party owning interest had probate proceedings in the State of Oklahoma distributing all right title and interest equally to her two children; however, the OK Probate did not include any New Mexico lands. There is a "rest/remainder/residue clause" in the OK probate

Questions:

  1. Are we required to complete ancillary probate proceedings in NM to vest title with the decedent's heirs?
  2. If we do not have to complete ancillary probate in NM, what is the process to properly vest tile with the heirs

Thank you all!

Ben