New Mexico Probate Types: Small Estate Affidavit, Informal Probate, and Formal Administration
New Mexico runs a two-court split. The county Probate Court handles informal, uncontested probate for a flat $30, while the District Court handles formal, supervised, or contested administration for about $132. The path turns on whether the estate is small, uncontested, or contested, and on whether real estate is involved. The fiduciary is the personal representative.
Compare eligibility, timing, court involvement, and local verification points
How to Compare New Mexico Probate Types
New Mexico follows the Uniform Probate Code (NMSA 1978, Chapter 45) and uses a two-court structure. Each county has an elected, part-time Probate Court judge with original jurisdiction over informal, uncontested probate and appointment of a personal representative. The District Court, in one of 13 judicial districts, has exclusive jurisdiction over formal, supervised, and contested matters. New Mexico calls the fiduciary the personal representative, not an executor or administrator, and the court issues Letters Testamentary (with a will) or Letters of Administration (no will).
The path usually turns on the size of the estate and whether anyone disputes the will or the appointment. The smallest personal-property estates can use the collection of personal property by affidavit (up to $50,000); uncontested estates use informal probate; and contested, supervised, or formal-closing estates go to District Court. New Mexico is a community property state, so a surviving spouse already owns half of the community property, which can shrink the estate that must pass through probate. A non-resident who owned New Mexico real property may need an ancillary proceeding.
Use the table below to narrow the question, then confirm the current cost, packet, and form requirements with the county Probate Court or the District Court where the estate will be filed. This page is planning information, not legal advice.
Simplified vs Formal Administration at a Glance
| Category | Summary | Formal | Winner |
|---|---|---|---|
| Estate size | The collection-by-affidavit path uses a $50,000 cap on the entire estate, less liens and encumbrances | Informal and formal administration have no dollar cap | Summary |
| Court involvement | The affidavit needs no court filing; informal probate is an unsupervised $30 Probate Court path | Formal or supervised administration is full District Court oversight with Letters issued to a personal representative | Summary |
| Real property | The affidavit cannot perfect title to real estate; informal probate can transfer it | Formal administration can address real property through estate authority and supervised sale | Tie |
| Creditor claims | Notice to creditors is optional; publishing once a week for three weeks starts a four-month claim bar | Formal administration adds District Court review of claims, accountings, and distribution | Summary |
| Disputes | The affidavit and informal probate are poor fits for contested estates or significant debts | Formal or supervised administration is built for contested wills, unclear heirs, and supervised distribution | Formal |
Main New Mexico Probate Options
| Probate Type | Threshold | Filing Fee | Timeline | Real Estate | Attorney |
|---|---|---|---|---|---|
Collection of Personal Property by Affidavit NMSA 1978, Section 45-3-1201 | Entire estate, wherever located, less liens and encumbrances, not exceeding $50,000; personal property only | No court filing fee for the affidavit itself | 30+ days after death | No | No |
Informal Probate (Uncontested) NMSA 1978, Sections 45-3-301 to 45-3-311 | No dollar cap; available when no one disputes the will or the appointment | $30 Probate Court docket fee (NMSA 34-7-14) | May not occur until at least 120 hours (five days) after death; unsupervised once opened | Yes | No |
Formal / Supervised Administration NMSA 1978, Sections 45-3-401 to 45-3-414 | No dollar cap; used for contested, supervised, or formal-closing matters | About $132 District Court civil docket fee (NMSA 34-6-40) | Several months or longer, including any creditor-claim period and District Court review | Yes | No statewide requirement; recommended for larger, supervised, or contested estates |
Ancillary Probate NMSA 1978, Chapter 45 (foreign personal representatives) | Non-resident decedent who owned New Mexico real property | $30 Probate Court or about $132 District Court, depending on the path | Runs alongside the home-state estate | Yes | No statewide requirement; commonly used |
* New Mexico probate is split between two courts. The county Probate Court charges a flat $30 docket fee under NMSA 1978, Section 34-7-14 to open informal, uncontested probate. The District Court charges about $132 in civil docket fees under NMSA 1978, Section 34-6-40 for a formal or contested case. Neither fee scales with estate value. The small-estate affidavit has no court filing fee because it is presented to the asset holder. Confirm the current schedule with the court before filing.
Side-by-Side Comparison
Collection of Personal Property by Affidavit
NMSA 1978, Section 45-3-1201
Small personal-property estates such as bank accounts, where no personal representative is pending or appointed
Informal Probate (Uncontested)
NMSA 1978, Sections 45-3-301 to 45-3-311
Uncontested estates, with or without a will, that need a personal representative appointed without ongoing court supervision
Formal / Supervised Administration
NMSA 1978, Sections 45-3-401 to 45-3-414
Contested wills, unclear heirs, supervised administration, will construction, or formal determination of testacy or heirs
Ancillary Probate
NMSA 1978, Chapter 45 (foreign personal representatives)
Clearing title to New Mexico real estate owned by someone whose main estate is probated in another state
Want a probate attorney to handle this?
We can connect you with a local attorney in New Mexico.
Settled Estate is not a law firm and does not give legal advice.
Not Sure Which Type Applies to You?
Use the New Mexico assessment to compare probate paths and next-step planning points.
Take the New Mexico AssessmentFrequently Asked Questions
What are the main New Mexico probate types?
From smallest to largest, New Mexico families compare the collection of personal property by affidavit under NMSA 1978, Section 45-3-1201 for estates up to $50,000, informal (uncontested) probate before the county Probate Court or District Court, and formal or supervised administration in District Court for contested or supervised matters. A non-resident who owned New Mexico real property may also need an ancillary proceeding.
Does New Mexico have a separate probate court?
Yes, and that is unusual. New Mexico runs a two-court split. Each county has an elected, part-time Probate Court judge who handles informal, uncontested probate and appointment of a personal representative for a flat $30. The District Court, in one of 13 judicial districts, handles formal, supervised, or contested administration for about $132. The two courts share jurisdiction over informal proceedings, so a matter can move to District Court when a dispute appears.
What is the New Mexico small estate affidavit limit?
Under NMSA 1978, Section 45-3-1201, a successor can collect personal property by affidavit when the value of the entire estate, wherever located, less liens and encumbrances, does not exceed $50,000, at least 30 days have passed since death, and no personal representative is pending or appointed. The affidavit is presented directly to the asset holder, with no court filing, and it cannot perfect title to real estate.
What is the difference between informal and formal probate in New Mexico?
Informal probate runs before the county Probate Court (or District Court) when no one disputes the will or the appointment; it is unsupervised once the personal representative is appointed and costs $30 to open. Formal or supervised administration runs in District Court for contested matters, supervised administration, will construction, or formal closing, and costs about $132 to docket. A case can start informal and move to District Court if a dispute arises.
How does community property affect New Mexico probate?
New Mexico is a community property state, so a surviving spouse already owns half of the community property the couple acquired during the marriage. Only the decedent's share generally passes through probate, which can reduce the estate that must be administered. A surviving spouse can also transfer a community-property homestead by recording an affidavit with the county clerk six months after death under NMSA 1978, Section 45-3-1205, outside probate.
Important: New Mexico probate starts in the county where the decedent lived at death. Informal, uncontested matters go to the elected county Probate Court ($30); formal, supervised, or contested matters go to the District Court for the judicial district (about $132). Each court can use local checklists, forms, payment methods, and review steps, so confirm the current packet and fee with the right court before filing.
Sources & Verification
Legal Authority: NMSA 1978, Chapter 45 (Uniform Probate Code), including Sections 45-1-302, 45-3-301 to 45-3-311 (informal probate), 45-3-401 to 45-3-414 (formal and supervised), 45-3-1201 (small-estate affidavit), and 45-3-1203/1204 (summary administrative procedure)
Last Verified: June 2026
New Mexico probate is split between two courts. The county Probate Court charges a flat $30 docket fee under NMSA 1978, Section 34-7-14 to open informal, uncontested probate. The District Court charges about $132 in civil docket fees under NMSA 1978, Section 34-6-40 for a formal or contested case. Neither fee scales with estate value. The small-estate affidavit has no court filing fee because it is presented to the asset holder. Confirm the current schedule with the court before filing.
NMSA 1978, Section 45-1-302, Subject matter jurisdiction of district and probate courts
New Mexico Statutes (Justia). 2025 code, accessed June 2026.
NMSA 1978, Section 45-3-1201, Collection of personal property by affidavit
New Mexico Statutes (Justia). 2025 code, accessed June 2026.
NMSA 1978, Section 34-7-14, Fees of probate court
New Mexico Statutes (Justia). 2025 code, accessed June 2026.
New Mexico Judiciary, Probate Courts (two-court structure)
New Mexico Courts. Current court resource, accessed June 2026.
This content is for informational purposes only and is not legal advice or a substitute for attorney review. Laws and fees may change. Verify current requirements with your local court clerk before filing.