Probate in New Mexico · 33 counties
New Mexico Probate Courts
Estates here go through the Probate Court (County Probate Court) / District Court. Pick a county on the map or search below — each record shows where to file and where every detail comes from.
Small-estate limit
$50,000
Wait 30 days
Death taxes
None
No state death tax
Executor fee
Reasonable
Reasonable fee set by the court
Handwritten wills
No
Witnesses required
Plate · NM
Every New Mexico county, on one map
Population, low → high Green = county courthouse mapped in OpenStreetMap Green = probate office details checked on the court's own website courthouse
§ I
New Mexico probate rules
- Court
- Probate Court (County Probate Court) / District CourtIn New Mexico, uncontested informal probate is handled by the County Probate Court in each of the 33 counties. Contested estates or real property title disputes transfer to the District Court.
- Small estates
- $50,000 (personal property only)NMSA 1978 § 45-3-1201
- Filing the will
- Must deliver will to Probate Court promptly; 3-year limit to commence probate
- Creditor claims
- 2 months after first publication of notice to creditors, or 60 days after direct noticeNMSA 1978 § 45-3-801
- Executor fees
- Reasonable compensation approved by court (NMSA 1978 § 45-3-719)NMSA 1978 § 45-3-719 · calculator
- Estate tax
- NoneNew Mexico has no state estate tax.
- Inheritance tax
- NoneNo inheritance tax in New Mexico.
- Typical duration
- 5 to 9 months
- Official courts site
- nmcourts.govCase search: New Mexico Courts Case Lookup (Odyssey Portal)
Re-checked Sept 2026 against: law.justia.com (statute)
Need help with an estate in New Mexico?
Where to get help.
We don't sell leads or take referral fees. Eligibility, availability and fees depend on the provider; confirm them directly.
- 01 New Mexico courts — self-help & formsOfficial judiciary website: forms, filing rules and e-filing.
- 02 Legal aid directory — LawHelp.orgNonprofit directory of free and low-cost legal aid by state, including probate and estates.
- 03 Find a probate lawyer — American Bar AssociationState-by-state links to bar lawyer-referral services and pro bono programs.
§ II · Register
All 33 counties
Sorted by population. office checked = probate office address/phone confirmed on the court's own website. courthouse mapped = located in OpenStreetMap.
| # | County | Seat | Population | Record |
|---|---|---|---|---|
| 1 | Bernalillo County | Albuquerque | 671,586 | courthouse mapped |
| 2 | Doña Ana County | Las Cruces | 225,210 | courthouse mapped |
| 3 | Santa Fe County | Santa Fe | 155,956 | courthouse mapped |
| 4 | Sandoval County | Bernalillo | 155,936 | courthouse mapped |
| 5 | San Juan County | Aztec | 120,675 | courthouse mapped |
| 6 | Valencia County | Los Lunas | 79,141 | courthouse mapped |
| 7 | Lea County | Lovington | 72,101 | courthouse mapped |
| 8 | Otero County | Alamogordo | 68,835 | county site |
| 9 | McKinley County | Gallup | 68,797 | courthouse mapped |
| 10 | Chaves County | Roswell | 63,561 | county site |
| 11 | Eddy County | Carlsbad | 60,275 | courthouse mapped |
| 12 | Curry County | Clovis | 47,222 | courthouse mapped |
| 13 | Rio Arriba County | Tierra Amarilla | 39,876 | courthouse mapped |
| 14 | Taos County | Taos | 34,405 | courthouse mapped |
| 15 | Grant County | Silver | 27,472 | courthouse mapped |
| 16 | Cibola County | Grants | 26,780 | county site |
| 17 | San Miguel County | Las Vegas | 26,668 | courthouse mapped |
| 18 | Luna County | Deming | 25,316 | courthouse mapped |
| 19 | Lincoln County | Carrizozo | 20,029 | courthouse mapped |
| 20 | Los Alamos County | Los Alamos | 19,444 | county site |
| 21 | Roosevelt County | Portales | 18,787 | courthouse mapped |
| 22 | Socorro County | Socorro | 15,963 | courthouse mapped |
| 23 | Torrance County | Estancia | 15,633 | county site |
| 24 | Colfax County | Raton | 12,255 | courthouse mapped |
| 25 | Sierra County | Truth or Consequences | 11,488 | courthouse mapped |
| 26 | Quay County | Tucumcari | 8,510 | courthouse mapped |
| 27 | Guadalupe County | Santa Rosa | 4,292 | courthouse mapped |
| 28 | Mora County | Mora | 4,123 | county site |
| 29 | Hidalgo County | Lordsburg | 3,965 | courthouse mapped |
| 30 | Union County | Clayton | 3,964 | courthouse mapped |
| 31 | Catron County | Reserve | 3,825 | courthouse mapped |
| 32 | De Baca County | Fort Sumner | 1,657 | courthouse mapped |
| 33 | Harding County | Mosquero | 624 | courthouse mapped |
§ III
New Mexico probate questions
What is the small estate affidavit limit in New Mexico?
$50,000 (personal property only) (NMSA 1978 § 45-3-1201). It can be used 30 days after death. Wait 30 days after death. Net personal property under $50,000. Separate spousal homestead transfer available.
How are executor and administrator fees calculated in New Mexico?
Reasonable compensation approved by court (NMSA 1978 § 45-3-719) (NMSA 1978 § 45-3-719). Courts can award more for extraordinary services, such as running a business or litigation.
What is the creditor claim deadline for estates in New Mexico?
2 months after first publication of notice to creditors, or 60 days after direct notice (NMSA 1978 § 45-3-801). Claims filed after the deadline are generally barred.
Does New Mexico recognize handwritten (holographic) wills?
No — witnesses are required. New Mexico does NOT recognize holographic wills unless validly executed in another state.
Does New Mexico have a state estate tax or inheritance tax?
New Mexico has no state estate tax. There is no inheritance tax.