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4-997 NMRA, the Conservator’s Inventory

A New Mexico conservator’s first filing. It lists every asset and debt, and asks for a plan for the year ahead.

By Fidura staff. Last reviewed .

Who files
Every conservator
A temporary conservator files it within 15 days. §45-5-408(E) (opens in a new tab)
When it’s due
90 days after your appointment
NMSA §45-5-418(A) (opens in a new tab)
Where
The district court that appointed you
Copies go to the protected person, any guardian, and anyone the court named.

You sign it under penalty of perjury.

What it asks for

Every asset and debt goes in at its value on the date you were appointed. Use the statement that covers that day, not the latest one.

The sections of Form 4-997
SectionWhat goes there
SummaryTotal assets less total debts. Fill it in last, from Sections II and III.
IThe protected person, any guardian, your appointment date, and any trust they benefit from
IIAssets: cash on hand, bank and investment accounts, life insurance cash value, real estate, vehicles, and other items over $500
IIIDebts: real estate debts, other loans, credit cards, judgments and liens, and any tie between you or the protected person and a creditor
IVYour plan: expected income and expenses, one-time items in the next 12 months, and whether the estate can pay for care

Common mistakes

No valuation method

Real estate and other property each need the method behind the figure: appraisal, tax assessment or market value.

No notice of bonding

Unless the court waived bond, file Form 4-995 with the inventory, with the surety’s Form 4-995.1 attached. Rule 1-140(C) NMRA (opens in a new tab)

A professional conservator without the bank statements

If you serve more than two people you are not related to, you are a professional conservator. File the institutions’ unredacted statements at the same time as the inventory, under a Form 4-998.1 (opens in a new tab) cover sheet. They are sealed. Rule 1-145(E) NMRA (opens in a new tab)

Your first account

Line A of your first Form 4-998 is this inventory’s net asset value. That report is due within 30 days of the first anniversary of your appointment.

Sources

Also for New Mexico: 4-998 NMRA, Conservator’s Report

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