How Do I File Probate in Bernalillo County, New Mexico?
A step-by-step guide to filing at the Bernalillo County Probate Court—what documents you'll need, where to go, and what happens after you file.
Probate cases in Bernalillo County are filed at the Bernalillo County Probate Court. File in person during business hours or by mail. The court sits in the 2nd Judicial District.
Your Filing Options
How to File Your Documents
Paper Filing Available
You can file your probate documents in person at the court or by mail.
Can You File Without an Attorney?
Not every estate requires an attorney. Factors like estate size, asset types, and whether beneficiaries agree can determine if self-filing at the Bernalillo County Probate Court is realistic for your situation.
For a detailed cost comparison and filing checklist, see the full Bernalillo County Self-Filing Assessment.
Bernalillo County Filing Requirements
These are specific requirements for filing probate in this county. Following these guidelines will help avoid delays or rejected filings.
Court Appearances
Walk-ins accepted; appointments also available by phone or email.
Other Requirements
Staff cannot give legal advice or help complete forms; only New Mexico Supreme Court-approved probate forms are provided.
In-Person Filing
The Bernalillo County Probate Court is located at 415 Silver Ave. SW, 2nd Floor, Albuquerque, NM 87102. Phone: 505-468-1229. Hours: Monday - Friday, 9:00 AM - 3:00 PM (open during the lunch hour).
What to Bring
To file at the Bernalillo County Probate Court you need: the original will (or proof there isn't one), a certified death certificate, contact information for all heirs and beneficiaries, and a summary of what the estate owns and owes.
Court Resources
Additional resources, forms, and fee schedules are available on the Bernalillo County Probate Court website.
Frequently Asked Questions
You open probate by filing a petition with the Bernalillo County Probate Court in Bernalillo County, attaching the original will (if any), the death certificate, and the filing fee ($132). Once the court issues letters, the personal representative can act.
At minimum: petition for probate, application for letters testamentary or of administration, notice to heirs, and an oath for the personal representative. Bernalillo County uses the standard New Mexico probate forms — the court's website lists the current versions.
New Mexico allows informal (unsupervised) probate, which many families handle themselves for simple estates. The Bernalillo County Probate Court in Bernalillo County does not require attorney representation. Use the New Mexico self-filing assessment to see if your estate qualifies.
Bernalillo County typically requires in-person or mail filing for probate petitions. Check the court's website for the latest procedures — some counties have added e-filing for specific document types.
Assets stay locked, creditors can still pursue them, and beneficiaries cannot sell real property or close accounts. After a few years, interested parties can petition to open probate themselves. Waiting rarely helps. Families who set up a revocable living trust ahead of time bypass this problem entirely.
Bernalillo County Probate Court
Bernalillo County
415 Silver Ave. SW, 2nd Floor
Albuquerque, NM 87102
Phone:
505-468-1229Fax:
505-468-1298
Email:
probate@bernco.govHours:
Monday - Friday, 9:00 AM - 3:00 PM (open during the lunch hour)
Paper Filing Available
Notify Banks & Financial Institutions
Each institution has a separate death claim process. Find yours below.
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