Serves San Miguel County and northeastern New Mexico from Las Vegas, with offices in Albuquerque and Farmington. Handles estate planning, wills and trusts, powers of attorney, special needs trusts, and probate. The estate practice came from a 2020s combination with Leach Estate & Probate, and Danelle J. Smith — who practised in Las Vegas on her own for decades — is now one of its attorneys.
Probate in McKinley County
Probate Court Record
McKinley County Probate Court
McKinley County · 11th Judicial District
Phone
Office
207 West Hill Avenue, Gallup, NM 87301
Website
Filing in person
Appointment required
Self-represented filing
Allowed
Self-help forms
How to file probate in McKinley County →
Verified October 16, 2026 · Source
Do I need a lawyer for probate in McKinley County? →Settling an estate in McKinley County →
Probate Firms Serving McKinley County
Patricia Simpson has been in practice for over three decades and actively involved in the Farmington community since 1998. The firm handles estate planning, probate proceedings, guardianship/conservatorship proceedings, and elder law planning.
A Farmington solo practice led by J. Nicci Unsicker, focused on transparent flat-fee estate planning for Northwest New Mexico, Colorado, and tribal-nation clients. The firm handles wills and trusts that involve tribal and allotment assets for Navajo Nation and Jicarilla Apache members alongside standard New Mexico estates.
Cristy J. Carbon-Gaul leads a firm focused exclusively on estate planning and related matters with over 20 years of experience. The firm serves clients throughout New Mexico, from Albuquerque to Las Cruces.
Serves Santa Fe and Albuquerque from offices in both cities, with statewide reach. Handles estate planning, probate, trust administration, and fiduciary matters. Founded in Santa Fe in 1917.
Serves Albuquerque, Santa Fe, and clients statewide from offices in both cities. Handles the full arc of an estate — will and trust drafting, probate and estate administration, state and federal estate tax returns, and multistate proceedings where the decedent owned property outside New Mexico. Two shareholders are Fellows of the American College of Trust and Estate Counsel.
Forms for Planning and Settling an Estate in New Mexico
Free New Mexico forms to plan or settle an estate: a will, trust, powers of attorney, TOD deed and the probate forms. Prepare each form for New Mexico.
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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.
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Tools for Planning and Settling an Estate in New Mexico
Free calculators and checklists to plan or settle an estate in New Mexico: will and trust costs, probate, executor pay and taxes. Run each tool for New Mexico.
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.
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How Do I Settle an Estate?
Settling an estate in New Mexico: the personal representative files the estate inventory within 90 daysNMSA § 45-3-706Verified Sep 15, 2026View source of appointment; creditors have 4 monthsNMSA §§ 45-3-801, 45-3-803, 45-3-806, 45-3-1006Verified Oct 19, 2026View source to present claims; a simple estate closes in 4 months to 6 months.
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How Much Can an Executor Charge?
New Mexico pays executors reasonable compensationNMSA § 45-3-719 (reasonable compensation; no statutory percentage); § 45-3-721 (court review of reasonableness)Verified Sep 8, 2026View source, typically 2.2%Estimated from the 16 state statutes that set an executor fee schedule (median and interquartile range at this estate value)Verified Sep 8, 2026View source to 3.8%Estimated from the 16 state statutes that set an executor fee schedule (median and interquartile range at this estate value)Verified Sep 8, 2026View source of the estate.
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Do I Need Probate?
In New Mexico, estates valued at $50,000§ 45-3-1201Verified Sep 8, 2026View source or less skip probate with the Small Estate Affidavit§ 45-3-1201Verified Sep 8, 2026View source, 30 days§ 45-3-1201Verified Sep 8, 2026View source after death.
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What Are the Creditor Claim Deadlines?
In New Mexico, creditors have 4 monthsNMSA § 45-3-801 (four months from first publication; sixty days from mailed notice, whichever is later); § 45-3-803 (claims barred at the earlier of one year after death or the § 45-3-801 periods)Verified Sep 8, 2026View source from first publication of the creditor notice to present claims; late claims are barred.
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Can I Self-File Probate?
New Mexico has no statewide fill-in probate petition, so the opening petition is drafted as a legal pleading, and informal probate is availableNMSA §§ 45-3-301, 45-3-302, 45-3-307 (application to the probate or district court; written statement of informal probate and informal appointment without hearing)Verified Sep 8, 2026View source.
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