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New Mexico Probate and Estate Forms

New Mexico has a two-court probate structure. Informal, uncontested probate of a will and appointment of a personal representative is handled by the elected county Probate Court (a part-time probate judge) for a $30 docket fee; formal, supervised, or contested matters are handled by the District Court for a civil docket fee of about $132. The New Mexico Supreme Court approves a set of STATEWIDE probate forms (the 4B series, Forms 4B-101 through 4B-1001) used for informal probate, available through the New Mexico Judiciary Probate Courts site. Some steps - especially the small-estate affidavit and the community-property homestead affidavit - are prepared from the statute and presented or recorded outside the appointment process, and individual county probate courts may also provide local informal-probate forms.

New Mexico Probate Forms by Situation

Start at the New Mexico Judiciary Probate Courts site (probatecourts.nmcourts.gov) for the statewide probate forms and fees, including the Application for Informal Probate and/or Appointment of Personal Representative (Form 4B-302 with a will; Form 4B-301 when there is no will). For formal, supervised, or contested matters, go to the District Court for the judicial district where the decedent resided. The controlling statutes are in NMSA 1978, Chapter 45 (Uniform Probate Code), principally Article 3 (probate, appointment, claims, closing), with Article 2, Part 5 (wills), Part 4 (allowances), Part 1 (intestate succession), and the small-estate and homestead affidavits in Sections 45-3-1201 and 45-3-1205.

Find Forms By Your Situation

Official Resources

Start at the New Mexico Judiciary Probate Courts site (probatecourts.nmcourts.gov) for the statewide probate forms and fees, including the Application for Informal Probate and/or Appointment of Personal Representative (Form 4B-302 with a will; Form 4B-301 when there is no will). For formal, supervised, or contested matters, go to the District Court for the judicial district where the decedent resided. The controlling statutes are in NMSA 1978, Chapter 45 (Uniform Probate Code), principally Article 3 (probate, appointment, claims, closing), with Article 2, Part 5 (wills), Part 4 (allowances), Part 1 (intestate succession), and the small-estate and homestead affidavits in Sections 45-3-1201 and 45-3-1205.

New Mexico Judiciary - Probate Courts

Official statewide portal for the county probate courts, with the statewide probate forms, filing fees, and the county probate judges who handle informal, uncontested probate and appointment.

New Mexico Judiciary - Probate Forms and Fees

Downloadable statewide probate forms (the 4B series) and the probate court fee schedule, including the Application for Informal Probate and/or Appointment of Personal Representative. Verify the current form numbers before filing.

New Mexico Courts - Probate Self-Help

New Mexico Courts probate forms and self-help materials explaining the two-court probate structure and directing formal or contested matters to the district court.

New Mexico Compilation Commission - NM OneSource (NMSA 1978, Chapter 45)

Official New Mexico Statutes Annotated (the Uniform Probate Code, Chapter 45) governing probate, appointment, claims, allowances, closing, and the small-estate and homestead affidavits.

New Mexico Department of Health - Bureau of Vital Records (Death Certificates)

Order certified death certificates ($5 per certified copy) needed to open the estate, collect assets, and record real-estate transfers.

Important Notes

  • -New Mexico has a TWO-COURT probate structure. Informal, uncontested probate and appointment go to the elected county Probate Court (a part-time probate judge) for a $30 docket fee (NMSA 34-7-14). Formal, supervised, or contested matters go to the District Court for a civil docket fee of about $132 (NMSA 34-6-40). The fiduciary is the 'personal representative.'
  • -New Mexico is NOT a single mandatory-form state like California or Virginia. The New Mexico Supreme Court approves a STATEWIDE set of probate forms (the 4B series) used for informal probate, available through the Probate Courts site; counties may also provide local informal-probate forms. Where New Mexico uses statute-drafted documents (the small-estate affidavit and the homestead affidavit), there is no statewide printed form number - prepare them from the statute and do not invent a form number.
  • -Informal probate may not occur until at least 120 hours (five days) after death (NMSA 45-3-302).
  • -A New Mexico will must be signed by the testator and at least two witnesses (NMSA 45-2-502); New Mexico does NOT recognize a holographic (handwritten, unwitnessed) will (Section 45-2-503 is reserved). A self-proving affidavit (NMSA 45-2-504) is optional but smooths probate.
  • -New Mexico imposes NO probate tax, NO state estate tax, and NO inheritance tax. Estate or trust income is subject to New Mexico fiduciary income tax. Opening costs are the $30 probate court docket fee or about $132 district court fee, plus any publication and bond costs; the death certificate is $5 per certified copy.
  • -Key dates: inventory and appraisement within three months of appointment (NMSA 45-3-706); if notice to creditors is published, a 4-month claim bar from first publication (NMSA 45-3-801); a 1-year ultimate claim bar from death whether or not notice is given (NMSA 45-3-803); and a 3-year outer limit to commence probate (NMSA 45-3-108). Publishing notice to creditors is OPTIONAL.
  • -Small-estate paths: collect personal property by affidavit when the entire estate (less liens) is $50,000 or less, 30 days after death (NMSA 45-3-1201, cannot reach real estate); transfer a community-property homestead by recorded affidavit six months after death where the assessed value is $500,000 or less (NMSA 45-3-1205).
  • -Contact the county Probate Court (or the District Court for formal matters) for the correct county forms, fees, and local procedures before filing.

Sources: New Mexico Judiciary - Probate Courts (statewide forms, fees, county probate judges) | New Mexico Judiciary - Probate Forms and Fees (4B series)

Not sure which New Mexico forms you need?

Answer a few questions to sort the likely filing path before you pick forms or contact the Probate Court (informal) or District Court (formal).

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You've seen what probate involves. Here's how to spare your own family.

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How to Use New Mexico Probate FormsWhy the filing path comes before the form number

The form finder groups records such as Informal Probate and Appointment, Inventory and Closing, Notice to Creditors (Optional), Collection of Personal Property by Affidavit (Small Estate) so you can start with the likely procedure rather than one isolated form number.

Use source links such as New Mexico Judiciary - Probate Courts, New Mexico Judiciary - Probate Forms and Fees, New Mexico Courts - Probate Self-Help to locate official forms and verify which documents belong in the packet.

New Mexico Form Prep ChecksCounty packet rules and the records to gather before filing

Choose the filing path

Common filing paths in this data include Informal probate and appointment before the county Probate Court (or formal/supervised administration in the District Court for contested matters), then inventory and closing, Affidavit to collect personal property (no court filing), Affidavit of title transfer of community-property homestead (NMSA 45-3-1205), recorded with the county clerk six months after death. Match the estate facts to the correct path before preparing forms.

Verify the county packet

Check the county Probate Court (informal) or District Court (formal) or local filing-office instructions for coversheets, copy rules, appointments, fees, and filing methods.

Pull supporting records first

Collect the original will if one exists, certified death certificates, asset values, deed or title records, heir and beneficiary details, and creditor information before filling out the packet.

Frequently Asked Questions

Where can I get New Mexico probate forms?
Start with New Mexico Judiciary - Probate Courts, New Mexico Judiciary - Probate Forms and Fees, New Mexico Courts - Probate Self-Help. Then verify local county instructions before you file, because packet rules, copy requirements, fees, and filing methods can vary.
How do I know which New Mexico probate form I need?
Start with the filing path, not the form number. The right packet depends on will status, asset type and value, creditor issues, heirs or beneficiaries, and whether a simplified procedure fits.
Can I file New Mexico probate forms without an attorney?
Some paths may allow self-filing, but the answer still depends on the estate, the county office, disputes, real estate, creditors, and tax facts. Verify the county rules and get legal help when rights or strategy are unclear.
What should I gather before filling out New Mexico probate forms?
Gather the original will if one exists, certified death certificates, asset and debt lists, deed or title records, beneficiary records, and names and addresses for heirs or beneficiaries.
New Mexico Official Forms and SourcesOfficial references used for this page

Information current as of June 22, 2026

Settled Estate is not a law firm, and this content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in New Mexico can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.

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