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RPD - 41083

STATE OF NEW MEXICO - TAXATION & REVENUE DEPARTMENT

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).

Form Rpd-41083 - Affidavit To Obtain Refund Of New Mexico Tax Due A Deceased Taxpayer - State Of New Mexico Taxation And Revenue Department Page 2

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