Skip to main content

New Mexico Probate and Estate Forms

New Mexico has a two-court probate structure. Informal, uncontested probate of a will and appointment of a personal representative is handled by the elected county Probate Court (a part-time probate judge) for a $30 docket fee; formal, supervised, or contested matters are handled by the District Court for a civil docket fee of about $132. The New Mexico Supreme Court approves a set of STATEWIDE probate forms (the '4-9xx' PB series) used for informal probate, available through the New Mexico Judiciary Probate Courts site. Some steps - especially the small-estate affidavit and the community-property homestead affidavit - are prepared from the statute and presented or recorded outside the appointment process, and individual county probate courts may also provide local informal-probate forms. Use the form finder with county filing-office instructions, source links, and supporting records before you file.

New Mexico is NOT a single mandatory-form state the way California (DE-series) or Virginia (CC-series) are. Use the statewide PB probate forms from the New Mexico Judiciary Probate Courts site for informal probate, and contact the county Probate Court (or the District Court for formal matters) for local forms, fees, and procedures before preparing documents. Where New Mexico uses locally provided or statute-drafted documents (the small-estate affidavit and the homestead affidavit), there is no statewide printed form number; do not invent one.

New Mexico Probate Forms by Situation

Start at the New Mexico Judiciary Probate Courts site (probatecourts.nmcourts.gov) for the statewide probate forms and fees, including the Application for Informal Probate and/or Appointment of Personal Representative (PB series, e.g. form 4-205). For formal, supervised, or contested matters, go to the District Court for the judicial district where the decedent resided. The controlling statutes are in NMSA 1978, Chapter 45 (Uniform Probate Code), principally Article 3 (probate, appointment, claims, closing), with Article 2, Part 5 (wills), Part 4 (allowances), Part 1 (intestate succession), and the small-estate and homestead affidavits in Sections 45-3-1201 and 45-3-1205.

Find Forms By Your Situation

Official Resources

Start at the New Mexico Judiciary Probate Courts site (probatecourts.nmcourts.gov) for the statewide probate forms and fees, including the Application for Informal Probate and/or Appointment of Personal Representative (PB series, e.g. form 4-205). For formal, supervised, or contested matters, go to the District Court for the judicial district where the decedent resided. The controlling statutes are in NMSA 1978, Chapter 45 (Uniform Probate Code), principally Article 3 (probate, appointment, claims, closing), with Article 2, Part 5 (wills), Part 4 (allowances), Part 1 (intestate succession), and the small-estate and homestead affidavits in Sections 45-3-1201 and 45-3-1205.

New Mexico Judiciary - Probate Courts

Official statewide portal for the county probate courts, with the statewide probate forms, filing fees, and the county probate judges who handle informal, uncontested probate and appointment.

New Mexico Judiciary - Probate Forms and Fees

Downloadable statewide probate forms (the 4-9xx 'PB' series) and the probate court fee schedule, including the Application for Informal Probate and/or Appointment of Personal Representative. Verify the current form numbers before filing.

New Mexico Courts - Probate Self-Help

New Mexico Courts probate forms and self-help materials explaining the two-court probate structure and directing formal or contested matters to the district court.

New Mexico Compilation Commission - NM OneSource (NMSA 1978, Chapter 45)

Official New Mexico Statutes Annotated (the Uniform Probate Code, Chapter 45) governing probate, appointment, claims, allowances, closing, and the small-estate and homestead affidavits.

New Mexico Department of Health - Bureau of Vital Records (Death Certificates)

Order certified death certificates ($5 per certified copy) needed to open the estate, collect assets, and record real-estate transfers.

Important Notes

  • -New Mexico has a TWO-COURT probate structure. Informal, uncontested probate and appointment go to the elected county Probate Court (a part-time probate judge) for a $30 docket fee (NMSA 34-7-14). Formal, supervised, or contested matters go to the District Court for a civil docket fee of about $132 (NMSA 34-6-40). The fiduciary is the 'personal representative.'
  • -New Mexico is NOT a single mandatory-form state like California or Virginia. The New Mexico Supreme Court approves a STATEWIDE set of probate forms (the 4-9xx 'PB' series) used for informal probate, available through the Probate Courts site; counties may also provide local informal-probate forms. Where New Mexico uses statute-drafted documents (the small-estate affidavit and the homestead affidavit), there is no statewide printed form number - prepare them from the statute and do not invent a form number.
  • -Informal probate may not occur until at least 120 hours (five days) after death (NMSA 45-3-302).
  • -A New Mexico will must be signed by the testator and at least two witnesses (NMSA 45-2-502); New Mexico does NOT recognize a holographic (handwritten, unwitnessed) will (Section 45-2-503 is reserved). A self-proving affidavit (NMSA 45-2-504) is optional but smooths probate.
  • -New Mexico imposes NO probate tax, NO state estate tax, and NO inheritance tax. Estate or trust income is subject to New Mexico fiduciary income tax. Opening costs are the $30 probate court docket fee or about $132 district court fee, plus any publication and bond costs; the death certificate is $5 per certified copy.
  • -Key dates: inventory and appraisement within three months of appointment (NMSA 45-3-706); if notice to creditors is published, a 4-month claim bar from first publication (NMSA 45-3-801); a 1-year ultimate claim bar from death whether or not notice is given (NMSA 45-3-803); and a 3-year outer limit to commence probate (NMSA 45-3-108). Publishing notice to creditors is OPTIONAL.
  • -Small-estate paths: collect personal property by affidavit when the entire estate (less liens) is $50,000 or less, 30 days after death (NMSA 45-3-1201, cannot reach real estate); transfer a community-property homestead by recorded affidavit six months after death where the assessed value is $500,000 or less (NMSA 45-3-1205).
  • -Contact the county Probate Court (or the District Court for formal matters) for the correct county forms, fees, and local procedures before filing.

Sources: New Mexico Judiciary - Probate Courts (statewide forms, fees, county probate judges) | New Mexico Judiciary - Probate Forms and Fees (4-9xx 'PB' series)

You've seen what probate involves. Here's how to spare your own family.

A few simple steps (naming beneficiaries, a transfer-on-death deed where your state allows it, or a living trust) can keep your estate out of court.

See how to avoid probate in New Mexico

How to Use New Mexico Probate Forms

New Mexico is NOT a single mandatory-form state the way California (DE-series) or Virginia (CC-series) are. Use the statewide PB probate forms from the New Mexico Judiciary Probate Courts site for informal probate, and contact the county Probate Court (or the District Court for formal matters) for local forms, fees, and procedures before preparing documents. Where New Mexico uses locally provided or statute-drafted documents (the small-estate affidavit and the homestead affidavit), there is no statewide printed form number; do not invent one.

The form finder groups records such as Informal Probate and Appointment, Inventory and Closing, Notice to Creditors (Optional), Collection of Personal Property by Affidavit (Small Estate) so you can start with the likely procedure rather than one isolated form number.

Use source links such as New Mexico Judiciary - Probate Courts, New Mexico Judiciary - Probate Forms and Fees, New Mexico Courts - Probate Self-Help to locate official forms and verify which documents belong in the packet.

Before you file: quick checks

Choose the filing path

Common filing paths in this data include Informal probate and appointment before the county Probate Court (or formal/supervised administration in the District Court for contested matters), then inventory and closing, Affidavit to collect personal property (no court filing), Affidavit of title transfer of community-property homestead (NMSA 45-3-1205), recorded with the county clerk six months after death. Match the estate facts to the correct path before preparing forms.

Verify the county packet

Check the county Probate Court (informal) or District Court (formal) or local filing-office instructions for coversheets, copy rules, appointments, fees, and filing methods.

Pull supporting records first

Collect the original will if one exists, certified death certificates, asset values, deed or title records, heir and beneficiary details, and creditor information before filling out the packet.

New Mexico has a TWO-COURT

New Mexico has a TWO-COURT probate structure. Informal, uncontested probate and appointment go to the elected county Probate Court (a part-time probate judge) for a $30 docket fee (NMSA 34-7-14). Formal, supervised, or contested matters go to the District Court for a civil docket fee of about $132 (NMSA 34-6-40). The fiduciary is the 'personal representative.'

New Mexico is NOT a

New Mexico is NOT a single mandatory-form state like California or Virginia. The New Mexico Supreme Court approves a STATEWIDE set of probate forms (the 4-9xx 'PB' series) used for informal probate, available through the Probate Courts site; counties may also provide local informal-probate forms. Where New Mexico uses statute-drafted documents (the small-estate affidavit and the homestead affidavit), there is no statewide printed form number - prepare them from the statute and do not invent a form number.

Informal probate may not occur

Informal probate may not occur until at least 120 hours (five days) after death (NMSA 45-3-302).

Frequently Asked Questions

Where can I get New Mexico probate forms?
Start with New Mexico Judiciary - Probate Courts, New Mexico Judiciary - Probate Forms and Fees, New Mexico Courts - Probate Self-Help. Then verify local county instructions before you file, because packet rules, copy requirements, fees, and filing methods can vary.
How do I know which New Mexico probate form I need?
Start with the filing path, not the form number. The right packet depends on will status, asset type and value, creditor issues, heirs or beneficiaries, and whether a simplified procedure fits.
Can I file New Mexico probate forms without an attorney?
Some paths may allow self-filing, but the answer still depends on the estate, the county office, disputes, real estate, creditors, and tax facts. Verify the county rules and get legal help when rights or strategy are unclear.
What should I gather before filling out New Mexico probate forms?
Gather the original will if one exists, certified death certificates, asset and debt lists, deed or title records, beneficiary records, and names and addresses for heirs or beneficiaries.

New Mexico Official Forms and Sources

New Mexico Judiciary - Probate Courts (statewide forms, fees, county probate judges) - New Mexico Judiciary - Probate Courts (statewide forms, fees, county probate judges). Accessed 2026-06-22.
New Mexico Judiciary - Probate Forms and Fees (the 4-9xx 'PB' probate form series) - New Mexico Judiciary - Probate Forms and Fees (the 4-9xx 'PB' probate form series). Accessed 2026-06-22.
New Mexico Courts - Probate forms and self-help (two-court structure) - New Mexico Courts - Probate forms and self-help (two-court structure). Accessed 2026-06-22.
New Mexico Compilation Commission - NM OneSource (NMSA 1978, Chapter 45 Uniform Probate Code) - New Mexico Compilation Commission - NM OneSource (NMSA 1978, Chapter 45 Uniform Probate Code). Accessed 2026-06-22.
NMSA 1978, Section 45-2-502 (Execution; witnessed wills; two witnesses) - NMSA 1978, Section 45-2-502 (Execution; witnessed wills; two witnesses). Accessed 2026-06-22.
NMSA 1978, Section 45-2-516 (Duty of custodian of will) - NMSA 1978, Section 45-2-516 (Duty of custodian of will). Accessed 2026-06-22.
NMSA 1978, Section 45-3-302 (Informal probate; no proceeding before 120 hours after death) - NMSA 1978, Section 45-3-302 (Informal probate; no proceeding before 120 hours after death). Accessed 2026-06-22.
NMSA 1978, Section 45-3-706 (Inventory and appraisement within three months of appointment) - NMSA 1978, Section 45-3-706 (Inventory and appraisement within three months of appointment). Accessed 2026-06-22.
NMSA 1978, Section 45-3-801 (Notice to creditors; optional publication; 4-month bar) - NMSA 1978, Section 45-3-801 (Notice to creditors; optional publication; 4-month bar). Accessed 2026-06-22.
NMSA 1978, Section 45-3-803 (Limitations on claims; 1-year ultimate bar) - NMSA 1978, Section 45-3-803 (Limitations on claims; 1-year ultimate bar). Accessed 2026-06-22.
NMSA 1978, Section 45-3-1003 (Closing statement; no earlier than six months after appointment) - NMSA 1978, Section 45-3-1003 (Closing statement; no earlier than six months after appointment). Accessed 2026-06-22.
NMSA 1978, Section 45-3-1201 (Collection of personal property by affidavit; $50,000; 30 days; no real estate) - NMSA 1978, Section 45-3-1201 (Collection of personal property by affidavit; $50,000; 30 days; no real estate). Accessed 2026-06-22.
NMSA 1978, Section 45-3-1205 (Community-property homestead affidavit; six months; $500,000 assessed value cap) - NMSA 1978, Section 45-3-1205 (Community-property homestead affidavit; six months; $500,000 assessed value cap). Accessed 2026-06-22.
NMSA 1978, Sections 45-6-401 to 45-6-417 (Uniform Real Property Transfer on Death Act; deed authorized at 45-6-405) - NMSA 1978, Sections 45-6-401 to 45-6-417 (Uniform Real Property Transfer on Death Act; deed authorized at 45-6-405). Accessed 2026-06-22.
NMSA 1978, Section 34-7-14 (Probate court $30 docket fee) - NMSA 1978, Section 34-7-14 (Probate court $30 docket fee). Accessed 2026-06-22.
NMSA 1978, Section 34-6-40 (District court civil docket fee, about $132) - NMSA 1978, Section 34-6-40 (District court civil docket fee, about $132). Accessed 2026-06-22.
New Mexico Department of Health - Bureau of Vital Records (death certificates, $5 per certified copy) - New Mexico Department of Health - Bureau of Vital Records (death certificates, $5 per certified copy). Accessed 2026-06-22.

Information current as of June 22, 2026

This content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in New Mexico can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.

More New Mexico Resources

Explore the rest of the New Mexico probate hub.