Purpose of the Probate Court
Probate is the judicial process for transferring the property of a person who has died (called decedent). The property is transferred according to either: (1) the decedent's Will, or (2) if the decedent dies without a Will, according to New Mexico's laws of intestate succession. The Probate Court appoints legally qualified persons, called Personal Representatives, to manage and settle the decedent's business affairs. Personal Representatives pass the deceased person’s estate property, real and personal, to the rightful recipients. Rightful recipients might include heirs, devisees named in a valid and current will, or creditors.
- To read more about Probate Court click here.
Opening a Probate Case
Estate papers (called pleadings), the original Will, if any, and proper payment are presented together to the Court for review and appointment of the Personal Representative and/or probate of the Will.
The initial Application must be signed by the applicant in the presence of a notary public and should include an original death certificate. Applicants must submit complete, accurate and truthful pleadings to the Court.
- For more information about opening a probate case, contact the County Clerk's Office at:
- 1000 Central Avenue, Suite 240
- Los Alamos NM 87544
- (505) 663-1732 phone
- (505) 662-8008 fax
Fees & General Information:
The County Clerk's Office provides general information on the process, and provides copies of case records
- Filing Fees:
- Fees must accompany recording. Your original documents will not be returned. Please notify our office if copies of the recorded documents will be needed. If you require recorded copies, please provide a self-addressed stamped envelope for the return of your copies.
- $0.50 per certification
- $0.10 per copy, per page
- To obtain copies of case files, contact the County Clerk's Office.
- Searching Probate Records:
To view the index of Probate records, please visit our Online Records Website.