When is probate needed?
Not all estates require a probate or appointment of a Personal Representative. Much depends on how the decedent's property was titled. But when an informal probate is necessary, the person seeking appointment as Personal Representative applies to the Probate Court (or the District Court) to obtain authority to act on behalf of the decedent's estate.
What is the filing deadline?
Normally, a probate must be filed within three years following the decedent's death. New Mexico law says no probate may be filed during the first 120 hours (5 days) following the death. Once a probate case is filed, it should be kept open until all creditors receive notice, make claims, taxes are paid, and estate assets are distributed. Once the probate is closed, the Personal Representative no longer has authority to act for the estate.
What is the cost of filing a case?
The docket fee to file for informal probate in the Probate Court is $30.00. Certification of filed documents is $.50 per document. To have files copied by the Court, the fee is $0.10 per copy per page.
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.
How to Open 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.
If, for any reason, the Court does not accept the filing, all payments and pleadings are returned to the applicant. Once the Court opens the probate case, no refunds are possible.
After the Judge signs the Order appointing the Personal Representative, the Court issues Letters Testamentary (cases where the decedent left a valid Will) or Letters of Administration (in cases where the decedent did not leave a valid Will). These Letters give the Personal Representative legal authority to conduct the decedent's estate business.
Examples of actions that are the responsibility of the Personal Representative include:
- Paying creditors.
- Legally changing the title to real property owned by the decedent into the name of the new owner(s).
- Legally changing the title to personal property owned by the decedent into the name of the new owner(s).
- Distributing assets to heirs or devisees.
- Filing decedent's income taxes and estate taxes, if necessary.
Need Help?
Probate Court cases can be filed with or without the help of an attorney. Do-it-yourself forms are available. These forms can be downloaded for free from the following website: New Mexico Supreme Court - Probate Forms.
Probate Court form packets can also be picked up directly from the Court.
The Court cannot counsel or provide legal advice. Individuals should consult an attorney in situations when legal services are needed. An informational guide about the Duties of the Personal Representative is available.