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New Mexico Free Printable  for 2024 New Mexico Affidavit to Obtain Refund of NM Tax due a Deceased Taxpayer

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Affidavit to Obtain Refund of NM Tax due a Deceased Taxpayer
Form RPD-41083

RPD - 41083 Rev. 01/06/2012 STATE OF NEW MEXICO - TAXATION & REVENUE DEPARTMENT AFFIDAVIT TO OBTAIN REFUND OF NEW MEXICO TAX DUE A DECEASED TAXPAYER Purpose 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 refund claim (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's refund 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 decedent Date of death Decedent's social security number Name of person claiming refund Claimant's social security number Claimant's contact number Claimant's mailing address City State ZIP code Part 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 the Department 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 examined this 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 DEPARTMENT RPD - 41083 Rev. 01/06/2012 AFFIDAVIT TO OBTAIN REFUND OF NEW MEXICO TAX DUE A DECEASED TAXPAYER Instructions Who Must File. If you are a court-appointed or certified personal representative, you must file Form RPD-41083 with the taxpayer’s refund 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 the death certificate or other proof of death to the taxpayer’s refund claim. Complete the deceased taxpayer and claimant information on page 1 of the New Mexico Personal Income Tax Return, include all attachments, and mail to the address below. If you are a successor who is not a surviving spouse filing an original or amended joint return with the decedent and no personal representative has been appointed, you must file Form RPD-41083 with the taxpayer’s refund claim (New Mexico Personal Income Tax Return). Complete Part 2: Affidavit for Successor, sign and date the affidavit. A notary is required. Attach the completed Form RPD-41083 and a copy of the death certificate or other proof of death to the taxpayer’s refund claim. Complete the deceased taxpayer and claimant information on page 1 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 Department P. O. Box 25122 Santa 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 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 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 will automatically be issued to the estate of the decedent. DEFINITIONS Proof of Death The 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 while in active service. Personal Representative For purposes of this form, a personal representative is the executor or administrator of the decedent’s estate, as certified or appointed by the court. A copy of the decedent’s will cannot be accepted as evidence that you are the personal representative. Successor For purposes of this form, a successor is a person, other than a creditor, who is entitled to property of a decedent under 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

More about the New Mexico Form RPD-41083 Other TY 2023

We last updated the Affidavit to Obtain Refund of NM Tax due a Deceased Taxpayer in January 2024, so this is the latest version of Form RPD-41083, fully updated for tax year 2023. You can download or print current or past-year PDFs of Form RPD-41083 directly from TaxFormFinder. You can print other New Mexico tax forms here.


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Other New Mexico Other Forms:

TaxFormFinder has an additional 80 New Mexico income tax forms that you may need, plus all federal income tax forms.

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Form RPD-41083 Affidavit to Obtain Refund of NM Tax due a Deceased Taxpayer
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Download all NM tax forms View all 81 New Mexico Income Tax Forms


Form Sources:

New Mexico usually releases forms for the current tax year between January and April. We last updated New Mexico Form RPD-41083 from the Taxation and Revenue Department in January 2024.

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Historical Past-Year Versions of New Mexico Form RPD-41083

We have a total of thirteen past-year versions of Form RPD-41083 in the TaxFormFinder archives, including for the previous tax year. Download past year versions of this tax form as PDFs here:



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