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New Mexico Probate Guide

County-specific probate filing-office contacts, filing fees, required forms, and step-by-step estate settlement guidance for executors in New Mexico.

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New Mexico Probate Filing Offices by County

Choose your county to get its probate court contacts, filing fees, and required forms. 33 counties have detailed data.

Full data available – BernalilloFull data available – CatronFull data available – ChavesFull data available – CibolaFull data available – ColfaxFull data available – CurryFull data available – De BacaFull data available – Doña AnaFull data available – EddyFull data available – GrantFull data available – GuadalupeFull data available – HardingFull data available – HidalgoFull data available – LeaFull data available – LincolnFull data available – Los AlamosFull data available – LunaFull data available – McKinleyFull data available – MoraFull data available – OteroFull data available – QuayFull data available – Rio ArribaFull data available – RooseveltFull data available – San JuanFull data available – San MiguelFull data available – SandovalFull data available – Santa FeFull data available – SierraFull data available – SocorroFull data available – TaosFull data available – TorranceFull data available – UnionFull data available – Valencia

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New Mexico Probate Guides

View all guides
New Mexico Probate Guide
NMJun 22, 2026-13 min read

New Mexico Probate Guide

New Mexico probate process guide covering the county Probate Court vs District Court split, the personal representative, small estates, deadlines, and costs.

How to Avoid Probate in New Mexico
NMJun 23, 2026-12 min read

How to Avoid Probate in New Mexico

How to avoid probate in New Mexico: survivorship, POD/TOD accounts, beneficiary forms, the NMSA 45-6-405 transfer on death deed, the homestead affidavit, and trusts.

New Mexico Small Estate Affidavit
NMJun 22, 2026-11 min read

New Mexico Small Estate Affidavit

A New Mexico small estate affidavit lets a successor collect personal property up to $50,000, 30 days after death, with no court case, under NMSA 45-3-1201.

New Mexico Probate Timeline
NMJun 22, 2026-12 min read

New Mexico Probate Timeline

New Mexico probate timeline with statutory deadlines: 120-hour wait, 3-month inventory, 4-month creditor bar, 1-year ultimate bar, and 6-month close.

New Mexico Executor Duties
NMJun 22, 2026-13 min read

New Mexico Executor Duties

New Mexico executor duties guide: get appointed as personal representative, file the inventory within 3 months, handle creditor claims, and close after 6 months.

How Much Does Probate Cost in New Mexico
NMJun 23, 2026-11 min read

How Much Does Probate Cost in New Mexico

New Mexico probate cost explained: the $30 probate court fee, the $132 district court fee, no estate or inheritance tax, and reasonable personal representative pay.

Browse New Mexico guide topics

Jump to court, executor, tax, planning, property, and probate-avoidance guides that match your next task.

Probate Basics

3

Forms & Court

1

Executor Duties

2

Taxes & Deadlines

3

Planning Documents

4

Avoiding Probate

3

New Mexico Probate Self-Help and Online Resources

New Mexico probate source navigation starts with state court, form, agency, legal-help, or referral links that are already tracked in Settled state data. These links are state-level starting points, not county-specific filing instructions.

Which New Mexico probate source should you use?

  • Start with the state court, form, or self-help source for general New Mexico probate context.
  • Use county filing-office, clerk, register, or court pages for local filing locations, local forms, fee schedules, and records portals.
  • Use legal-help, law-library, or referral links as research or referral paths, not as a substitute for counsel.
  • Verify current filing steps with the county office, court, clerk, register, legal-aid source, or counsel before filing.

New Mexico probate resource questions

Are these New Mexico probate resources county-specific?

No. This map shows state-level source links from Settled data. Use it with the New Mexico county page and the county office handling the estate before filing.

Which New Mexico source should I use first?

Start with the official court, form, or agency source for the task, then confirm local requirements with the county filing office, clerk, register, or office that accepts the filing.

Does the New Mexico Probate Resource Map replace attorney review?

No. The map is source navigation. It helps families find current public sources, but it does not decide eligibility, prepare filings, or replace advice from counsel.

New Mexico probate resource map by source type

County filing-office sources1

County court, clerk, register, or filing-office pages for local probate divisions, filing paths, local forms, fee references, and courthouse-specific resources.

Referral-navigation sources1

Referral paths for finding certified lawyer-referral services when a family wants help locating counsel.

Show all New Mexico self-help resources (2 links)

County filing-office sources

County court, clerk, register, or filing-office pages for local probate divisions, filing paths, local forms, fee references, and courthouse-specific resources.

Referral-navigation sources

Referral paths for finding certified lawyer-referral services when a family wants help locating counsel.

Settled pairs these New Mexico source links with county pages, forms, first-step guides, transfer guides, and source notes so families can move from statewide context to the local office that handles the estate.

Types of Probate in New Mexico

New Mexico offers several probate procedures depending on estate value and circumstances.

Most Common

The full court process

Legal name: Formal Probate

Court-supervised administration for estates that do not qualify for a shortcut.

Timeline
6-12+ months
Attorney
Recommended
Simplified

A shorter path for qualifying estates

Legal name: Simplified Probate

A shorter court process that may be available for qualifying estates.

Timeline
Varies
Attorney
Recommended
Small Estates

A shortcut for smaller estates

Legal name: Small Estate Procedure

A limited shortcut for qualifying small estates.

Timeline
Varies
Attorney
Optional
Not sure which applies? Take the assessment →

New Mexico Estate Law Overview

New Mexico Estate Tax Info

New Mexico has no state estate tax and no state inheritance tax. New Mexico does not impose a recording-style probate tax the way Virginia does. New Mexico does have a state personal income tax and a state fiduciary (estate and trust) income tax.

No
State Estate Tax
No
Inheritance Tax
Yes
State Income Tax
Federal estate tax info

Federal estate tax only applies to estates exceeding $15,000,000 (2026).

Who Inherits Without a Will?

Intestate succession determines who receives a New Mexico decedent's probate property when there is no valid will. New Mexico has adopted the Uniform Probate Code (NMSA 1978, Chapter 45).

View spouse inheritance rules
The decedent leaves no surviving issue (no children or other descendants)

Under NMSA 45-2-102(A)(1), if there is no surviving issue of the decedent, the surviving spouse takes the entire separate-property intestate estate, and under 45-2-102(B) the decedent's half of the community property also passes to the surviving spouse.

The decedent leaves one or more surviving issue (children or their descendants)

Under NMSA 45-2-102(A)(2), if there is surviving issue of the decedent, the surviving spouse takes one-fourth of the separate-property intestate estate; the other three-fourths of separate property passes to the descendants. Under 45-2-102(B) the decedent's half of the community property still passes entirely to the surviving spouse, regardless of issue.

View order of inheritance (no spouse)
  1. 1Descendants (children and their issue)The part not passing to a surviving spouse, or all if no spouse, by representation
  2. 2ParentsIf no surviving descendant, to the decedent's parents equally if both survive, or to the surviving parent
  3. 3Descendants of parents (siblings, nieces, nephews)If no surviving descendant or parent, to the descendants of the decedent's parents by representation
  4. 4Grandparents and their descendantsIf no surviving descendant, parent, or descendant of a parent, the estate is split one-half to the paternal grandparents' side and one-half to the maternal grandparents' side (or all to the side with surviving members) by representation
  5. 5Descendants of a deceased spouse (limited fallback)If there is no taker under the kinship rules above, the estate passes to the descendants of a deceased spouse to whom the decedent was married at that spouse's death

New Mexico Homestead Protection

New Mexico's homestead protection is a statutory creditor exemption under NMSA 42-10-9, not an unlimited constitutional homestead system and not a Florida-style devise restriction. A person who owns and primarily resides in a domicile may exempt up to $150,000 of value in that homestead from attachment, execution, foreclosure by a judgment creditor, and from executors or administrators in probate. The exemption rises to $300,000 if the claimant's spouse died within two years before the claim and the deceased spouse could have claimed the exemption.

$2,000
Property Tax Exemption
$150,000 of value in the primary-residence homestead, or $300,000 if the claimant's spouse died within two years before the claim and the deceased spouse could have claimed the exemption
Creditor Protection
Size limits & qualifications

Inside city limits: No acreage split modeled

Outside city limits: No acreage split modeled

Property types: Primary-residence domicile or land, Mobile home, trailer, recreational vehicle, outbuilding, or similar shelter used as a primary residence

Restrictions on leaving homestead in will

With spouse, no minor children:

No state-level homestead devise restriction modeled here; analyze community property ownership, title, allowances (NMSA 45-2-402, 45-2-403), and creditor issues separately.

With minor children:

No state-level homestead devise restriction modeled here; minor child rights arise through the family allowance and personal property allowance rather than a devise restriction.

Exempt Property

New Mexico provides probate allowances for the surviving spouse and minor or dependent children (a family allowance and a personal property allowance) and separate creditor exemptions for debtor property under Chapter 42, Article 10. New Mexico's probate code uses 'family allowance' and 'personal property allowance' and does NOT have a separate Uniform Probate Code 'homestead allowance' line item.

View exempt items
Personal Property Allowance (surviving spouse or children)
Household furniture, automobiles, furnishings, appliances, and personal effects, up to $15,000 in value over any security interests, under NMSA 45-2-403. If the qualifying assets are worth less than $15,000, the spouse or children may claim other estate assets to make up the difference. This right has priority over all claims against the estate (subject to the family allowance abatement rule).
$15,000 in excess of security interests
Homestead Exemption (creditor)
Creditor exemption in the person's primary-residence homestead. Increased from $60,000 effective July 1, 2023 (Laws 2023, SB 216). See homestead-law.json.
$150,000 ($300,000 if spouse died within the prior two years)
Exemption in lieu of homestead
A New Mexico resident who does not own a homestead may instead hold exempt up to $15,000 of real or personal property in lieu of the homestead exemption (NMSA 42-10-10). Increased from $5,000 to $15,000 effective July 1, 2023 (Laws 2023, ch. 104 / SB 216) and now CPI-indexed every two years from July 1, 2025.
$15,000
Personal property (general creditor exemption)
A New Mexico resident may hold exempt $500 of personal property under NMSA 42-10-1 (married/head of household) and 42-10-2 (supporting only oneself), in addition to the specific item exemptions. CPI-indexed every two years from July 1, 2025.
$500 of personal property
Motor Vehicle (creditor)
New Mexico exempts the debtor's interest in one motor vehicle up to $4,000 (NMSA 42-10-1/42-10-2). CPI-indexed every two years from July 1, 2025.
$4,000 of one motor vehicle
Tools of Trade (creditor)
Tools, implements, and equipment necessary for the debtor's trade or business are exempt up to $1,500 (NMSA 42-10-1/42-10-2). CPI-indexed every two years from July 1, 2025.
$1,500 in tools of the trade
Clothing, furniture, books, and certain personal effects
Clothing, furniture, books, and certain other personal property are exempt under NMSA 42-10-1 and 42-10-2. The full current text of these two sections was not retrievable from the source used; confirm the specific item caps against the live statute.
Statutory item exemptions
Retirement Plans
Many retirement benefits and accounts are exempt under New Mexico and federal law when statutory requirements are met. Verify for the specific account type.
Generally exempt under stated conditions

Family Allowance

$30,000 - A decedent's surviving spouse is entitled to a family allowance of $30,000. If there is no surviving spouse, each minor child and each dependent child is entitled to a share of the $30,000, divided by the number of minor and dependent children.