Forms for Planning and Settling an Estate in New Mexico

Free New Mexico forms for planning an estate or settling one: a will, trust, powers of attorney, TOD deed, and the probate forms an executor files.

$12/month

Revocable Living Trust

Create a revocable living trust to avoid probate, protect privacy, and control asset distribution.

Get Started
Free

Last Will and Testament

In New Mexico, a will is signed before 2NMSA § 45-2-502Verified Oct 19, 2026View source witnesses, and a self-proving affidavit signed with it lets the court admit it without witness testimonyNMSA § 45-2-502Verified Oct 19, 2026View source.

Get Started
Free

Healthcare Power of Attorney

New Mexico requires neither witnesses nor a notaryNMSA 1978 § 24-7A-4Verified Oct 15, 2026View source for a healthcare power of attorney.

Get Started
Free

Financial Power of Attorney

New Mexico treats a power of attorney as durable by defaultNMSA §§ 45-5B-101 through 45-5B-403 (HB0231, Laws 2007, ch. 135; recompiled by Laws 2011, ch. 124)Verified Sep 18, 2026View source, and it is signed with no witness or notary requirementNMSA §§ 45-5B-101 through 45-5B-403 (HB0231, Laws 2007, ch. 135; recompiled by Laws 2011, ch. 124)Verified Sep 18, 2026View source.

Get Started
Free

Pour-Over Will

In New Mexico, a pour-over will is signed before 2NMSA § 45-2-502Verified Oct 19, 2026View source witnesses and moves anything left outside the trust into it through probate.

Get Started
Free

Transfer on Death Deed

In New Mexico, a transfer on death deed is signed before a notaryNMSA 45-6-401 to 45-6-417Verified Oct 19, 2026View source, then recorded with the county before the owner's deathNMSA 45-6-401 to 45-6-417Verified Oct 19, 2026View source.

Get Started

All New Mexico forms

Tools for Planning and Settling an Estate in New Mexico

Free calculators and checklists for planning or settling an estate in New Mexico: will and trust costs, probate, executor pay, and inheritance taxes.

Trust or Will: Which Costs Less?

In New Mexico, a will-based plan pays probate attorney fees of typically 1.8%Modeled estimate under NMSA § 45-3-715(A)(21) (PR may employ attorneys); § 45-3-721 (court review of the compensation); § 45-3-720 (estate litigation expenses, incl. attorneys fees); no statutory percentage: the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source to 2.9%Modeled estimate under NMSA § 45-3-715(A)(21) (PR may employ attorneys); § 45-3-721 (court review of the compensation); § 45-3-720 (estate litigation expenses, incl. attorneys fees); no statutory percentage: the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source of the estate; a funded revocable trust keeps those assets out of probate and off that fee.

Compare Options

Do I Need a Revocable Trust?

Probate in New Mexico takes 4 months to 6 months for a simple estate and charges attorney fees of typically 1.8%Modeled estimate under NMSA § 45-3-715(A)(21) (PR may employ attorneys); § 45-3-721 (court review of the compensation); § 45-3-720 (estate litigation expenses, incl. attorneys fees); no statutory percentage: the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source to 2.9%Modeled estimate under NMSA § 45-3-715(A)(21) (PR may employ attorneys); § 45-3-721 (court review of the compensation); § 45-3-720 (estate litigation expenses, incl. attorneys fees); no statutory percentage: the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source of the estate; assets held in a revocable trust skip both.

Check Now

What Does Estate Planning Actually Cost?

An attorney-prepared revocable trust in New Mexico runs $3,510Estimate: 10 hours at $351, Clio's New Mexico Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $5,265Estimate: 15 hours at $351, Clio's New Mexico Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source and a simple will $963Estimate: 3 hours at $321, Clio's New Mexico Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $1,926Estimate: 6 hours at $321, Clio's New Mexico Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source, against $0 to $549 up front plus a subscription with an online service.

Compare Costs

How Much Does Probate Cost?

Probate on a $500,000 estate in New Mexico costs an estimated $24,985NMSA § 45-3-715(A)(21) (PR may employ attorneys); § 45-3-721 (court review of the compensation); § 45-3-720 (estate litigation expenses, incl. attorneys fees); no statutory percentageVerified Sep 8, 2026View source. Attorney fees run 1.8%Modeled estimate under NMSA § 45-3-715(A)(21) (PR may employ attorneys); § 45-3-721 (court review of the compensation); § 45-3-720 (estate litigation expenses, incl. attorneys fees); no statutory percentage: the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source to 2.9%Modeled estimate under NMSA § 45-3-715(A)(21) (PR may employ attorneys); § 45-3-721 (court review of the compensation); § 45-3-720 (estate litigation expenses, incl. attorneys fees); no statutory percentage: the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source of the estate under a reasonable-compensation standard.

Use Calculator

Are My Beneficiary Designations Protected?

New Mexico automatically revokes an ex-spouse as beneficiary at divorceNMSA § 45-2-804Verified Sep 15, 2026View source; employer plans under ERISA follow federal rules either way, so a 401(k) beneficiary changes only by a new designation.

Check Now

What Are the Estate Laws in My State?

Probate on a $500,000 estate in New Mexico costs an estimated $24,985NMSA § 45-3-715(A)(21) (PR may employ attorneys); § 45-3-721 (court review of the compensation); § 45-3-720 (estate litigation expenses, incl. attorneys fees); no statutory percentageVerified Sep 8, 2026View source and takes 4 months to 6 months for a simple estate, with attorney fees of typically 1.8%Modeled estimate under NMSA § 45-3-715(A)(21) (PR may employ attorneys); § 45-3-721 (court review of the compensation); § 45-3-720 (estate litigation expenses, incl. attorneys fees); no statutory percentage: the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source to 2.9%Modeled estimate under NMSA § 45-3-715(A)(21) (PR may employ attorneys); § 45-3-721 (court review of the compensation); § 45-3-720 (estate litigation expenses, incl. attorneys fees); no statutory percentage: the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source of the estate. Estates under $50,000§ 45-3-1201Verified Sep 8, 2026View source can use a small-estate procedure instead.

Check Your State

All New Mexico tools