Lovato Law is an estate planning and elder law firm specializing in wills, trusts, Medicaid planning, probate, and trust administration, serving the Albuquerque area from their Rio Rancho location.
Probate in Bernalillo County
Probate Court Record
Bernalillo County Probate Court
Bernalillo County · 2nd Judicial District
Phone
Hours
Monday-Friday 9:00 AM-3:00 PM (open during the lunch hour)
Office
415 Silver Avenue Southwest, 2nd Floor, Albuquerque, NM 87102
Website
Filing in person
Walk-ins accepted
Self-represented filing
Allowed
Self-help forms
How to file probate in Bernalillo County →
Verified October 16, 2026 · Source
Do I need a lawyer for probate in Bernalillo County? →Settling an estate in Bernalillo County →
Trust Administration Firms Serving Bernalillo County
All 13 New Mexico trust administration firms serving Bernalillo 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.
$12/month
Revocable Living Trust
Create a revocable living trust to avoid probate, protect privacy, and control asset distribution.
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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.
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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 Do I Settle a Trust?
Settling a trust in New Mexico happens outside court: the trustee acts under the state's Uniform Trust CodeNMSA 1978 § 46A-1-101 et seq.Verified Oct 17, 2026View source, notifies the beneficiaries within 60 daysNMSA § 46A-8-813; § 46A-10-1005Verified Sep 15, 2026View source, then pays the debts and distributes under the trust's terms.
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What's Fair Trustee Compensation?
In New Mexico, trustee compensation follows "reasonable compensation" (UTC § 708 or equivalent)N.M. Stat. Ann. §§ 46A-7-708, 46A-7-709Verified Sep 18, 2026View source unless the trust instrument sets a different amount.
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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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Do I Have to File Tax Returns for Someone Who Died?
New Mexico requires a final state income tax return for the decedent alongside the federal Form 1040N.M. Stat. Ann. § 7-2-7(B) (as amended by HB252, 2024, Laws 2024 Ch. 67 § 5)Verified Sep 20, 2026View source; a federal estate tax return (Form 706) is required only for estates above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source.
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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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