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The End of Life Plannerby Valoren

General information · not a substitute for the advice of an attorney.

Free · general informationNew Mexico

Probate in New Mexico

What New Mexico’s own law and courts say about probate, from how an estate comes before the court to when creditors must claim. Nothing on this page decides whether a particular estate needs probate. That question belongs to the court, or to an attorney in New Mexico.

  • Every fact dated, in the official words
  • Each state’s own law

Every quotation checked October 24, 2026

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Every quotation on this page is the official body’s own words, as they stood on the day we read them. The date is beside each one.

Which court hears what: formal proceedings, and informal probate

A. The district court has exclusive original jurisdiction over all subject matter relating to: (1) formal proceedings with respect to the estates of decedents, including determinations of testacy, appointment of personal representatives

C. The probate court and the district court have original jurisdiction over informal proceedings for probate of a will or appointment of a personal representative.

New Mexico · general information · checked October 24, 2026 · NMSA 1978 §45-1-302(A), (C)

The courts’ application forms, with a will and without, and the cases a probate court hears

4B-301. Application for informal appointment of personal representative (no will).

4B-302. Application for informal probate of will and for informal appointment of personal representative (will).

This court will hear these types of cases: Informal probate; Estate (Hears uncontested cases. Contested cases go to district court).

New Mexico · general information · checked October 24, 2026 · New Mexico Courts, Probate Forms & Files

How long after a death probate can still be opened

No informal probate or appointment proceeding or formal testacy or appointment proceeding, other than a proceeding to probate a will previously probated at the testator's domicile or appointment proceedings relating to an estate in which there has been a prior appointment, may be commenced more than three years after the decedent's death, except:

New Mexico · general information · checked October 24, 2026 · NMSA 1978 §45-3-108(A)

The notice to creditors, and how long they have to present claims

A personal representative upon appointment may publish a notice to creditors once a week for three successive weeks in a newspaper of general circulation in the county in which the probate proceeding is pending, announcing the personal representative's appointment and address and notifying creditors of the estate to present their claims within four months after the date of the first publication of the notice or be forever barred.

within four months after the published notice, if given as provided in Subsection A of this section, or within sixty days after the mailing or other delivery of the notice, whichever is later

New Mexico · general information · checked October 24, 2026 · NMSA 1978 §45-3-801(A)–(B)

The outer limit on claims against the estate

are barred against the estate, the personal representative and the heirs, devisees and nonprobate transferees of the decedent unless presented within the earlier of the following: (1) one year after the decedent's death; or

New Mexico · general information · checked October 24, 2026 · NMSA 1978 §45-3-803(A)(1)

What the person holding the will must do, and contempt for defying a court order

A. Any person having custody of a will shall, as soon as he is informed of the death of the testator, deliver the will to a person able to secure its probate or, if none is known, to an appropriate court.

C. Any person who refuses or fails to deliver a will after being ordered by the court in a proceeding brought for the purpose of compelling delivery is subject to penalty for contempt of court.

New Mexico · general information · checked October 24, 2026 · NMSA 1978 §45-2-516(A), (C)

A will deposited with a district court clerk for safekeeping, and who may collect it in the testator’s lifetime

A will may be deposited by the testator or his agent with the clerk of any district court in New Mexico for safekeeping pursuant to rules of that court. The will shall be kept confidential. During the testator's lifetime, a deposited will shall be delivered only to him or to a person authorized in writing signed by him to receive the will.

New Mexico · general information · checked October 24, 2026 · NMSA 1978 §45-2-515

The same page for other states

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FAQ

Common questions

A. The district court has exclusive original jurisdiction over all subject matter relating to: (1) formal proceedings with respect to the estates of decedents, including determinations of testacy, appointment of personal representatives

C. The probate court and the district court have original jurisdiction over informal proceedings for probate of a will or appointment of a personal representative.

The district courts have concurrent jurisdiction with the probate courts in each county within their respective judicial district as to all matters concerning informal probate.

New Mexico · general information · checked October 24, 2026 · NMSA 1978 §45-1-302.1

4B-301. Application for informal appointment of personal representative (no will).

4B-302. Application for informal probate of will and for informal appointment of personal representative (will).

This court will hear these types of cases: Informal probate; Estate (Hears uncontested cases. Contested cases go to district court).

New Mexico · general information · checked October 24, 2026 · New Mexico Courts, Probate Forms & Files

4B-301. Application for informal appointment of personal representative (no will).

4B-302. Application for informal probate of will and for informal appointment of personal representative (will).

This court will hear these types of cases: Informal probate; Estate (Hears uncontested cases. Contested cases go to district court).

New Mexico · general information · checked October 24, 2026 · New Mexico Courts, Probate Forms & Files

No informal probate or appointment proceeding or formal testacy or appointment proceeding, other than a proceeding to probate a will previously probated at the testator's domicile or appointment proceedings relating to an estate in which there has been a prior appointment, may be commenced more than three years after the decedent's death, except:

New Mexico · general information · checked October 24, 2026 · NMSA 1978 §45-3-108(A)

A personal representative upon appointment may publish a notice to creditors once a week for three successive weeks in a newspaper of general circulation in the county in which the probate proceeding is pending, announcing the personal representative's appointment and address and notifying creditors of the estate to present their claims within four months after the date of the first publication of the notice or be forever barred.

within four months after the published notice, if given as provided in Subsection A of this section, or within sixty days after the mailing or other delivery of the notice, whichever is later

are barred against the estate, the personal representative and the heirs, devisees and nonprobate transferees of the decedent unless presented within the earlier of the following: (1) one year after the decedent's death; or

New Mexico · general information · checked October 24, 2026 · NMSA 1978 §45-3-803(A)(1)

A. Any person having custody of a will shall, as soon as he is informed of the death of the testator, deliver the will to a person able to secure its probate or, if none is known, to an appropriate court.

C. Any person who refuses or fails to deliver a will after being ordered by the court in a proceeding brought for the purpose of compelling delivery is subject to penalty for contempt of court.

New Mexico · general information · checked October 24, 2026 · NMSA 1978 §45-2-516(A), (C)

A will may be deposited by the testator or his agent with the clerk of any district court in New Mexico for safekeeping pursuant to rules of that court. The will shall be kept confidential. During the testator's lifetime, a deposited will shall be delivered only to him or to a person authorized in writing signed by him to receive the will.

New Mexico · general information · checked October 24, 2026 · NMSA 1978 §45-2-515

For anyone who would rather their family found it all in one place than went looking.

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