New Mexico Probate Court

Probate is a legal procedure through which a deceased individual's estate can be handled. The procedural activities involve, but are not necessarily limited to, validating the will, paying claims against the estate, and distributing the assets of the deceased to the heirs. All states have their own specific laws and regulations regarding probate. In New Mexico, rather than having a higher-level court process the probate proceedings, the probate lawsuit will be filed with each of the counties' distinct probate courts.

The legal procedure works hand in hand with the segregated court, as New Mexico also offers a simplified process for small estates, which may allow some factual matters to avoid formal probate altogether.

How the Probate Process Works in New Mexico

In New Mexico, the process of probate starts when a petition is submitted to the county's probate court where the deceased (called the decedent) lived. The court confirms the validity of the will and names the executor, or personal representative. An administrator is appointed by the court in intestate cases, where the decedent did not leave a will. The executor is responsible for notifying heirs and creditors, compiling an inventory of assets, paying taxes and debts, and distributing the estate’s remainder.

New Mexico handles both informal probate (streamlined, uncontested cases) and formal probate (supervised by the district court when conflicts arise). Although proceedings where estates are disputed can take longer, many estates are settled in six to twelve months.

What Are the Costs of Probate in New Mexico?

Costs of probate include court filing fees, executor compensation, attorney fees, and administrative expenses such as appraisals and publication notices. Filing fees in most counties range from $30 to $100. Executors may claim reasonable compensation, subject to court approval. Attorney fees are charged hourly or by flat rate, depending on the case. For small estates, affidavit procedures significantly reduce expenses.

Types of Probate Cases in New Mexico

New Mexico recognizes several types of probate cases, including these:

• Testate Probate: When the decedent left a valid will.
• Intestate Probate: When no will exists and assets are distributed under state law.
• Informal Probate: For uncontested estates with minimal court involvement.
• Formal Probate: Used when disputes require judicial hearings in the District Court.
• Small Estate Affidavit: If the estate’s value is under $50,000, heirs may collect assets without full probate.

New Mexico Probate Court Forms and Filing Instructions

Probate costs include attorney fees, executor compensation, court filing fees, and administrative costs, including publishing notices and appraisals. Most counties charge filing costs between $30 and $100. Executors may request fair compensation, if the court grants permission. Depending on the case, attorney fees can be paid on an hourly or fixed basis. For small estates, affidavit procedures would be significantly reduced.

How New Mexico Probate Courts Work at the County Level

Probate courts in New Mexico operate in each of the state’s 33 counties, applying statewide probate laws but managing cases locally. Below are the top ten counties by population and their probate functions:

• Bernalillo County Court of Wills, Estates and Probate (Albuquerque) – Bernalillo County has the largest probate caseload. The court offers case lookup option online.
• Doña Ana County Probate Court (Las Cruces) – This probate court provides forms at the clerk’s office and online. It is also closed on Fridays.
• Santa Fe County Probate Court – Santa Fe handles both informal and contested probate matters. The court offers probate case lookup.
• Sandoval County Probate Court (Bernalillo) – Sandoval County provides streamlined procedures for small estate affidavits. It provides information about estates.
• San Juan County Probate Court (Farmington) – San Juan processes probate filings at its county courthouse. The court offers free legal clinics to self-represented litigants
• Valencia County Probate Court (Los Lunas) – This court provides probate guidance through the probate judge’s office. The court is open on Wednesday from 9 a.m. to 3 p.m.
• McKinley County Probate Court (Gallup) – McKinley County provides probate records accessible through the county clerk. The court also appoints personal representatives
• Lea County Probate Court (Hobbs) – Lea County Probate Court offers support for informal probate petitions. The court’s probate hours are Tuesdays and Wednesday 10 a.m. to 3 p.m.
• Otero County Probate Court (Alamogordo) – This court provides probate forms at the courthouse and online. It also provides legal resources to the public.
• Chaves County Probate Court (Roswell) – Chaves County maintains probate forms through the local court. You may also seek legal instructions from the court.

How to Search Probate Records in New Mexico

Probate records are maintained by each county’s Probate Court Clerk. Public records generally include the decedent’s name, executor details, list of heirs, case number, and estate inventory. Some records may be sealed if ordered by the court. Many counties, such as Bernalillo and Doña Ana, provide online access to probate case dockets, while others require in-person requests. Certified copies can be obtained for a fee.