Action may proceed even if there is not probate estate

A daughter brought a suit alleging that her siblings hadintentionally interfered with her expected inheritance from their mother andthat a codicil disinheriting her was the product of undue influence. Themother’s assets had been transferred before death to the siblings so there wasno probate estate and no probate proceeding. In Peraltav. Peralta, 131 P.3d 81 (N.M. App. 2005), the court held that whilethere is no action for tortious interference with an inheritance where probateproceedings are available and can provide adequate relief, here there was noprobate estate and probate would be futile. Accordingly, both actions could bebrought in one civil suit.