New Mexico Inheritance: Plan an Estate or Settle One

New Mexico has adopted the Uniform Probate Code, has enacted the Uniform Trust CodeNMSA 1978 § 46A-1-101 et seq.Verified Oct 17, 2026View source, and has adopted the Uniform Power of Attorney ActNMSA §§ 45-5B-101 through 45-5B-403 (HB0231, Laws 2007, ch. 135; recompiled by Laws 2011, ch. 124)Verified Sep 18, 2026View source.

Probate of a simple estate in New Mexico runs 4 months to 6 months; an average estate takes 6 months to 12 months. The court filing fee is $30NMSA 1978, §§ 34-7-14, 34-7-10(B) (Laws 2023, ch. 44, §§ 11, 8), 45-1-302(C), 34-6-40, 34-6-44, 34-6-45; NM AOC self-representation probate guide; NM judicial district fee schedulesVerified Oct 17, 2026View source; attorney fees are reasonable compensationNMSA § 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; executor compensation typically runs 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. On a $500,000 estate the estimated total comes to $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. Informal, unsupervised 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 for uncontested estates.

Certified death certificates come from the New Mexico Department of Health - Bureau of Vital RecordsNew Mexico Department of Health - Bureau of Vital RecordsVerified Oct 15, 2026View source at $5New Mexico Department of Health - Bureau of Vital RecordsVerified Oct 15, 2026View source a copy. Processing time: 6-12 weeks by mail; 3-5 business days through VitalChekNew Mexico Department of Health - Bureau of Vital RecordsVerified Oct 15, 2026View source. Once appointed, the personal representative files the estate inventory within 90 daysNMSA § 45-3-706Verified Sep 15, 2026View source of appointment and publishes the notice to creditors for 3NMSA §§ 45-3-801, 45-3-803, 45-3-806, 45-3-1006Verified Oct 19, 2026View source consecutive weeks.

New Mexico has no elective shareNMSA § 45-2-807Verified Sep 15, 2026View source for a spouse left out of the will. The family allowance during administration is capped at $30,000NMSA § 45-2-402Verified Sep 15, 2026View source. Property left to a minor under the Uniform Transfers to Minors Act is released at 21 yearsNMSA § 46-7-31Verified Sep 15, 2026View source of age. New Mexico taxes incomeN.M. Stat. Ann. § 7-2-7(B) (as amended by HB252, 2024, Laws 2024 Ch. 67 § 5)Verified Sep 20, 2026View source at a top rate of 5.9%N.M. Stat. Ann. § 7-2-7(B) (as amended by HB252, 2024, Laws 2024 Ch. 67 § 5)Verified Sep 20, 2026View source. An heir's capital gains on inherited assets: 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.