De Baca County
Probate Court
In New Mexico, estates are probated in the Probate Court (County Probate Court) / District Court. This page gathers where to file in De Baca County, the state rules that apply, and where every detail comes from.
located via OpenStreetMap
Where to file in De Baca County
- Handled by
- 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.
- County building
- DeBaca County Court House In Fort Sumner, NM — street address not tagged in OpenStreetMap. OpenStreetMap · view the map entry
- Phone
- No phone number published in an open source. Use the county website's contact page — we don't list numbers we can't source.
- Opening hours
- Not published in an open source. Check the court or county website before you go.
- County website
- debaca.nmgenweb.usWikidata
- State courts & e-filing
- nmcourts.govCase search: New Mexico Courts Case Lookup (Odyssey Portal)
How probate runs in De Baca County
Six stages, with the New Mexico rules that set the pace.
- 01
Secure the original will
Find the original signed will and order certified death certificates. New Mexico deadline: Must deliver will to Probate Court promptly; 3-year limit to commence probate.
- 02
Pick the right track
If the probate estate is under $50,000, a small-estate procedure (NMSA 1978 § 45-3-1201) may avoid full administration.
- 03
Petition the court
File the petition with the Probate Court (County Probate Court) / District Court for De Baca County. The court appoints the executor or administrator and issues letters.
- 04
Inventory the estate
Open an estate bank account (the IRS issues the EIN), list assets at date-of-death values and file the inventory if the court requires it.
- 05
Notify creditors
Publish or send notice to creditors. Window: 2 months after first publication of notice to creditors, or 60 days after direct notice.
- 06
Account and distribute
Pay debts, taxes and fees (NMSA 1978 § 45-3-719), file the final account if required, distribute to heirs and ask to close the estate.
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.
New Mexico rules that apply here
Probate law is state law — these apply in all 33 New Mexico counties.
- Small estates
- $50,000 (personal property only)NMSA 1978 § 45-3-1201 · wait 30 days
- 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 · estimate the fee
- Handwritten wills
- Not recognized without witnesses. New Mexico does NOT recognize holographic wills unless validly executed in another state.
- Estate tax
- No state estate tax.New Mexico has no state estate tax.
- Inheritance tax
- No.No inheritance tax in New Mexico.
- Typical duration
- 5 to 9 monthsA lawyer is not required by statute, though most formal estates use one.
Rules re-checked Sept 2026 against: law.justia.com (statute)