Home · A death has occurred · New Mexico
إِنَّا لِلَّهِ وَإِنَّآ إِلَيْهِ رَٰجِعُونَ
Innā lillāhi wa innā ilayhi rājiʿūn. Indeed we belong to Allah, and indeed to Him we will return. Qurʾān, al-Baqarah 2:156
When a Muslim dies in New Mexico
You do not have to do this alone, or all at once. Your masjid has done this many times. Follow the steps in order, and open each one when you reach it.
As soon as you can, call your masjid’s funeral committee.They will arrange the washing, the shroud, the prayer and the burial, and tell you which funeral home to use.
Find a number- Death certificate filing
- The funeral service practitioner (or person acting as one) who first takes custody of the body files the death certificate within five days after death and before final disposition. Ask the funeral home to confirm it has been filed. NMSA 24-14-20
- Ordering death certificates
- Certified death certificates come from New Mexico Vital Records and Health Statistics, Department of Health, in Santa Fe. The funeral home can usually order copies for you, so ask how many you will need. Where to Write for Vital Records: New Mexico
- Embalming and refrigeration
- New Mexico's health department rules require remains to be embalmed unless they are kept under refrigeration at or below 40 degrees F, or unless a medical investigator or the health secretary orders embalming. No one may embalm without authorization from the next of kin or the person responsible for disposition when embalming is not required. Tell the funeral home in writing whether you consent. 7.3.2.17 NMAC
- Objecting to an autopsy
- We found no New Mexico statute that lets a family refuse a medical investigator's autopsy on religious grounds. If you object for religious reasons, tell the Office of the Medical Investigator as early as you can. No specific statute found
- Small estates
- If the whole estate, after liens, is $50,000 or less, a successor can collect personal property with an affidavit once 30 days have passed since the death. Ask the clerk of the district court in the county where the person lived for the form. NMSA 45-3-1201
From official New Mexico sources, checked October 2026. Laws change; your funeral home and an estate attorney can confirm them.
-
Have the death pronounced
In the first hour · 0 of 3A death has to be confirmed before anything else can happen.
-
Close the eyes, cover the body, make duʿā
In the first hour · at the same time as the step above · 0 of 4Gently and without hurry. Those present can do this while the calls are made.
-
Call the masjid’s funeral committee
In the first few hours · 0 of 3They arrange the washing, the shroud, the prayer and the burial, and usually know which funeral home to use.
-
Ask whether a coroner is involvedPaperwork
If the death was sudden · 0 of 3After an unexpected death a coroner or medical examiner may need to examine the body, which can delay burial.
-
Choose a funeral home that allows ghuslPaperwork
Within the first day · 0 of 3Many funeral homes work with Muslim committees. Your committee will usually name one.
-
Wash and shroud the body
Within the first day · at the same time as the step above · 0 of 2Done by trained Muslims of the same sex, or by the spouse. The committee usually provides the cloth.
-
The janazah prayer and the burial
As soon as possible · 0 of 3The prayer is often held after one of the daily prayers, and the burial follows straight after.
-
Get copies of the death certificatePaperwork
In the first week · 0 of 2Banks, insurers, the DMV and government offices will each want a certified copy.
-
Pay the funeral costs and list every debt
In the first weeks · 0 of 3The funeral is paid from the estate first, then the debts. Nothing is inherited until both are settled.
-
Find the will, and tell Social SecurityPaperwork
In the first weeks · at the same time as the step above · 0 of 4The executor named in the will leads what follows.
-
Settle and divide the estatePaperwork
In the months after · 0 of 4Small estates may qualify for a simpler process in New Mexico. One call to a local estate attorney will tell you.
-
Look after the family
Four months and ten days · 0 of 3Mourning is kept to three days, except by a widow, who mourns four months and ten days, the length of her ʿiddah, or until she gives birth if she is pregnant.
General guidance, not a fatwa or legal advice. Rules on autopsies, embalming, burial permits and probate differ by state; your funeral home and a local estate attorney can confirm them. All sources