New Mexico probate guide

Probate process in New Mexico

New Mexico has a unique dual-court system: informal probate is heard in the county Probate Court with a $30 filing fee, while formal or contested probate goes to the District Court. The small-estate affidavit (Affidavit of Successor) is available 30 days after death for estates of $50,000 or less in personal property. New Mexico is a community-property state and recognizes transfer-on-death deeds under N.M. Stat. Ann. § 45-6-401 et seq.

New Mexico probate at a glance

Court
Probate Court (informal) or District Court (formal)
Typical timeline
24–52 weeks
Filing fee
$30–$200
Small-estate threshold
$50,000
TOD deed allowed?
Yes
Bond required by default?
No
Statute
N.M. Stat. Ann. §§ 45-1-101 et seq. (Uniform Probate Code)

Source: www.nmcourts.gov. Fees and thresholds change — verify with your county court before filing.

How New Mexico probate works, step by step

  1. 1File application for informal probate with the county Probate Court
  2. 2Judge appoints personal representative and issues letters
  3. 3Publish notice to creditors; two-month claim period runs
  4. 4Inventory and appraise assets; pay debts and taxes
  5. 5File closing statement and distribute remaining property

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This page is informational and is not legal advice. Probate procedure varies by county and changes over time. Consult a licensed New Mexico probate attorney for advice specific to your situation.