Proof of Authority

Proof of Authority is documentation filed with the court showing that a person has been appointed by a court in another state to act on behalf of the estate of a deceased person. Proof of authority does not involve the opening of a full probate (although the person filing the proof pays the usual filing fee) and does not involve the issuance of Letters. Filing the proof of authority with the probate court gives a personal representative appointed in another state the authority to act in New Mexico, see Section 45-4-204. However, depending on the degree of authority needed, an Ancillary Proceeding may be required.