Serves Chaves County and southeastern New Mexico from Roswell. Handles estate planning, probate, wills and trusts, guardianships and conservatorships, and estate tax matters, including will contests and trust litigation. Founded by Truman Sanders in 1945 and practicing in southeastern New Mexico ever since.
Roswell is in Chaves County.
Probate in Chaves County
Probate Court Record
Chaves County Probate Court
Chaves County · 5th Judicial District
Phone
Hours
Monday-Friday 8:00 AM-5:00 PM
Office
1 St. Mary's Place, Suite 110, Roswell, NM 88203
Website
Self-represented filing
Allowed
Self-help forms
How to file probate in Chaves County →
Verified October 16, 2026 · Source
Do I need a lawyer for probate in Chaves County? →Settling an estate in Chaves County →
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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Revocable Living Trust
Create a revocable living trust to avoid probate, protect privacy, and control asset distribution.
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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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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.
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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 Are Estate & Inheritance Taxes?
New Mexico levies no estate or inheritance taxNMSA 1978 §§ 7-7-3(A), 7-7-2(D) (Estate Tax Act — pick-up tax equal to the IRC § 2011 federal credit, $0 since 1/1/2005)Verified Sep 15, 2026View source; only the federal estate tax applies above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source.
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What Taxes Apply to My Inheritance?
New Mexico imposes no inheritance or estate taxNMSA 1978 §§ 7-7-3(A), 7-7-2(D) (Estate Tax Act — pick-up tax equal to the IRC § 2011 federal credit, $0 since 1/1/2005)Verified Sep 15, 2026View source; probate assets arrive when the estate closes, 4 months to 6 months for a simple estate.
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How Does Step-Up in Basis Work?
Inherited assets in New Mexico take a basis reset to fair market value on the date of death26 USC § 1014Verified Sep 15, 2026View source, and the gain on a later sale faces ordinary income tax at the state's regular rates, after the first $2,500 of gain is excludedNMSA 1978 § 7-2-34 (as amended by Laws 2024, Ch. 67 / HB 252 § 8)Verified Sep 15, 2026View source.
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When Do I Have to Withdraw an Inherited IRA?
See which federal withdrawal rules apply to an inherited IRA, Roth IRA, or employer plan, the deadline year, and the missed-withdrawal tax.
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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.
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