New Mexico Form RPD-41083 (Affidavit to Obtain Refund of NM Tax due a Deceased Taxpayer) (2024)

Affidavit to Obtain Refund of NM Tax due a Deceased Taxpayer
Form RPD-41083
RPD - 41083Rev. 01/06/2012STATE OF NEW MEXICO - TAXATION & REVENUE DEPARTMENTAFFIDAVIT TO OBTAIN REFUNDOF NEW MEXICO TAX DUE A DECEASED TAXPAYERPurpose of Form. Form RPD-41083 is to be used to claim a refund of New Mexico tax on behalf of a deceased taxpayer.Who Must File. If you are a court-appointed or certified personal representative, you must include Form RPD-41083 with the taxpayer's refundclaim (New Mexico income tax return). Complete Part 1: Affidavit for Personal Representative, and sign the affidavit. Notary is not required.If you are not a surviving spouse, and no personal representative has been appointed, you must include Form RPD-41083 with the taxpayer'srefund claim (New Mexico income tax return). Complete Part 2: Affidavit for Successor, and sign and notarize the affidavit.Tax year decedent was due a refund:Calendar year_________ or other tax year beginning ________________________ and ending ____________________Name of decedentDate of deathDecedent's social security numberName of person claiming refundClaimant's social security numberClaimant's contact numberClaimant's mailing addressCityStateZIP codePart 1: Affidavit for Personal Representative____________________________________________, the affiant herein, having been duly sworn, states upon oath:1. That he or she has been appointed by a court as the personal representative for the estate of the decedent.2. That a copy of that court appointment is attached.3. That a copy of the death certificate or proof of death is attached. (An original or an authentic copy of a telegram or letter from theDepartment of Defense notifying the next of kin of the decedent's death will constitute proof of death.)4. That a refund claim (New Mexico income tax return) on behalf of the decedent is attached.Part 2. Affidavit for Successor._____________________________________________, the affiant here in, having been duly sworn, states upon oath:1. That he or she is the successor of _________________________________________, deceased.2. That the value of the entire probate estate of the decedent, wherever located, less liens and encumbrances, does not exceed$50,000.3. That thirty (30) days have elapsed since the death of the decedent.4. That the affiant, as successor of the decedent, is entitled to the payment of any sums of money due and owing to the decedent.5. That a copy of the death certificate or proof of death is attached. (An original or an authentic copy of a telegram or letter from the Department of Defense notifying the next of kin of the decedent's death while in active service will constitute proof of death.)6. That a refund claim (New Mexico income tax return) on behalf of the decedent is attached.I request a refund of taxes overpaid by or on behalf of the decedent. Under penalty of perjury, I declare that I have examinedthis claim and to the best of my knowledge and belief, it is true, correct and complete.Signature of person claiming refund _________________________________________ Date _____________Subscribed and sworn before me this ___________ day of _______________________________, 20________Notary Public ___________________________________________My Commission Expires ______________STATE OF NEW MEXICO - TAXATION & REVENUE DEPARTMENTRPD - 41083Rev. 01/06/2012AFFIDAVIT TO OBTAIN REFUNDOF NEW MEXICO TAX DUE A DECEASED TAXPAYERInstructionsWho Must File.If you are a court-appointed or certified personal representative, you must file Form RPD-41083 with the taxpayer’srefund claim (New Mexico Personal Income Tax Return). Complete Part 1: Affidavit for Personal Representative,sign and date the affidavit. A notary is not required. Attach the completed Form RPD-41083 and a copy of thedeath certificate or other proof of death to the taxpayer’s refund claim. Complete the deceased taxpayer andclaimant information on page 1 of the New Mexico Personal Income Tax Return, include all attachments, andmail to the address below.If you are a successor who is not a surviving spouse filing an original or amended joint return with the decedentand no personal representative has been appointed, you must file Form RPD-41083 with the taxpayer’s refundclaim (New Mexico Personal Income Tax Return). Complete Part 2: Affidavit for Successor, sign and date theaffidavit. A notary is required. Attach the completed Form RPD-41083 and a copy of the death certificate or otherproof of death to the taxpayer’s refund claim. Complete the deceased taxpayer and claimant information on page1 of the New Mexico Personal Income Tax Return, include all attachments, and mail to the address below.Mail your New Mexico Personal Income Tax Return to:New Mexico Taxation and Revenue DepartmentP. O. Box 25122Santa Fe, New Mexico 87504-5122.Who should not file this form.If you are a surviving spouse filing an original or amended joint return with the decedent, you DO NOT need to filethis form. When a deceased taxpayer’s information is completed on page 1 of the New Mexico Personal IncomeTax Return (Form PIT-1) and a copy of the death certificate or other proof of death is attached to the PIT-1, awarrant will automatically be issued to the surviving spouse.If you are a trustee designated by the trust to manage the decedent’s affairs, you DO NOT need to file this form.When a deceased taxpayer’s information is completed on page 1 of the New Mexico Personal Income Tax Return(Form PIT-1) and a copy of the death certificate or other proof of death is attached to the PIT-1, a warrant willautomatically be issued to the estate of the decedent.DEFINITIONSProof of DeathThe proof of death must be an authentic copy of either of the following:the death certificate, orthe telegram or letter from the Department of Defense notifying the next of kin of the decedent’s death whilein active service.Personal RepresentativeFor purposes of this form, a personal representative is the executor or administrator of the decedent’s estate, ascertified or appointed by the court. A copy of the decedent’s will cannot be accepted as evidence that you arethe personal representative.SuccessorFor purposes of this form, a successor is a person, other than a creditor, who is entitled to property of a decedentunder the decedent’s will or the Uniform Probate Code, Section 1-21(42).

Extracted from PDF file 2023-new-mexico-form-rpd-41083.pdf, last modified January 2012

Download This Form

Print This Form

eFile your New Mexico tax return now

eFiling is easier, faster, and safer than filling out paper tax forms. File your New Mexico and Federal tax returns online with TurboTax in minutes. FREE for simple returns, with discounts available for TaxFormFinder users!

File Now with TurboTax

2023 Form RPD-41083

2022 Form RPD-41083

2021 Form RPD-41083

2020 Form RPD-41083

2019 Form RPD-41083

2018 Form RPD-41083

2017 Form RPD-41083

2016 Form RPD-41083

2015 Form RPD-41083

RPD-41083

2014 Form RPD-41083

RPD-41083

2013 Form RPD-41083

RPD-41083

2012 Form RPD-41083

2011 Form RPD-41083