New Mexico is a community property state. Only a decedent's one-half share passes through probate — the surviving spouse already owns the other half. Separate property (inheritances, gifts, pre-marriage assets) distributes under the will or intestate statute.
We’re not yet live in New Mexico — the guide below is still accurate, and you can join the waitlist to be the first to know when a New Mexico-licensed attorney is available.
New Mexico recognizes 2 paths. The right one depends on the will, the value of the estate, and whether all beneficiaries agree.
Unsupervised probate. Personal representative can act autonomously without court approval for routine matters.
Supervised probate. Court approval required for major actions.
These are the filings ordered the way they actually happen in a typical New Mexico estate. Each deadline is keyed to the triggering event — death, letters issued, first publication — and tied to the statute.
File Petition for Probate with District Court in county where decedent resided
Notice of petition published in newspaper once a week for 2 consecutive weeks
List all known assets with fair market values
Wait for creditor claims deadline after notice of petition published
File accounting of all estate transactions with court
Distribute remaining assets per will or intestacy law
File final report and close estate
After the personal representative is appointed, a notice to creditors must be published weekly for 2 weeks. Creditors then have a limited window to file claims; claims filed after the deadline are generally barred.
If the gross estate is small enough, New Mexico allows a simplified path that skips most of the formal probate machinery. Faster, cheaper, and — done right — every bit as final.
Probate is filed in the county where the decedent lived at the time of death. A sample of active New Mexico courts:
Most New Mexico estates close in 7–13 months. The floor is set by the creditor claim period (4 months (fixed statutory period).) plus the time to file inventory, settle debts, and prepare the final accounting. Estates with real property sales, tax returns, or disputes run longer.
Yes. If the gross estate is $50,000 or less and at least 30 days have passed since the date of death, you can generally use a small estate affidavit or collection procedure instead of full probate. Citation: NMSA 1978, 45-3-1201.
New Mexico recognizes independent or supervised administration. independent — Unsupervised probate. Personal representative can act autonomously without court approval for routine matters. supervised — Supervised probate. Court approval required for major actions.
After the personal representative is appointed, a notice to creditors must be published weekly in a qualifying newspaper for 2 weeks. Creditors then have 4 months (fixed statutory period). Claims filed after the deadline are barred. Citation: NMSA 1978, 45-3-801.
New Mexico is a community property state. Property acquired during marriage is presumed to be owned 50/50 by both spouses. On a decedent's death, only the decedent's one-half share passes through probate — the surviving spouse already owns the other half outright. Separate property (inheritances, gifts, pre-marriage assets) is classified differently and distributes under the will or intestate statute.
Court filing fees in New Mexico typically run $200–$500, plus publication costs of $100–$300 for the creditor notice. Attorney fees are the biggest variable — traditional hourly counsel on a routine estate often bills $5,000–$15,000, while flat-fee services like Closewell price the same work from $1,400–$4,500 depending on complexity. Bond premiums, appraisals, and tax preparation are additional.
Closewell launches state by state so every matter is handled by a licensed attorney in your jurisdiction. Drop your email and we’ll tell you the day a New Mexico-licensed attorney is available.