Probate in Bernalillo County runs through the Bernalillo County Probate Court: prove the will, settle the debts, and pass the house to the heirs. Here is how the local process works—and what each step actually costs.
When someone dies in Bernalillo County, settling their estate runs through the Bernalillo County Probate Court. This page covers the court record, whether probate is required, what it costs, how to file, transferring property, and the local attorneys who handle probate here.
Probate Court Record
Bernalillo County · 2nd Judicial District
Address
Phone
Fax
Hours
Formally the Court of Wills, Estates and Probate. Online case lookup available. Contested or formal probate, guardianships, and conservatorships are handled by the Second Judicial District Court, 400 Lomas Blvd. NW, Albuquerque NM 87102 (505-841-8400).
Verified July 5, 2026 · Source
Probate is the court-supervised process of settling someone's estate after they die — validating the will, paying debts and taxes, and transferring what's left to the heirs. In Bernalillo County, probate runs through the Bernalillo County Probate Court at 415 Silver Ave. SW, 2nd Floor, Albuquerque. The court sits in the 2nd Judicial District.
The personal representative opens the case, gives notice to heirs and creditors, files an inventory of the estate's assets, settles outstanding debts and taxes, and then distributes the remainder under the will — or under New Mexico intestacy law when there is no will.
Most New Mexico estates take 6 months to 12 months to move through this process. The 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 creditor claim window is the largest fixed piece of that timeline — a mandatory wait regardless of how simple the estate is.
What probate costs in Bernalillo County, New Mexico comes down to a handful of line items — the court filing fee, attorney and executor compensation, publication, and sometimes a bond — scaled by the estate's size and whether the will is contested. The case itself runs through the Bernalillo County Probate Court at 415 Silver Ave. SW, 2nd Floor, Albuquerque. The court is part of the 2nd Judicial District.
New Mexico charges $30NMSA 1978, § 34-7-14 (probate court filing fee, $30 — repealed and reenacted by Laws 2023, ch. 44, § 11, eff. 7/1/2023); § 45-1-302(C) (probate and district courts share original jurisdiction over informal proceedings); NM AOC self-represented-litigant probate guide (nmcourts.gov, SRL_Probate.pdf). District-court alternative: § 34-6-40(A) + § 34-6-45(A) = $132, per the First & Thirteenth Judicial District fee schedules (nmcourts.gov). Verified 2026-09-08Verified Sep 8, 2026View source to open probate, the same in every county. Additional filings during administration — inventory, accounting, the final petition — add to the total.
Estimate the costs for this estate:
Attorney fees in New Mexico are negotiated, typically 1.8%NMSA § 45-3-715(A)(21) (PR may employ attorneys to advise or assist in administration); § 45-3-721 (court may review the reasonableness of the compensation of any person so employed); § 45-3-720 (expenses in estate litigation, incl. reasonable attorneys fees); no statutory percentageVerified Sep 8, 2026View source to 2.9%NMSA § 45-3-715(A)(21) (PR may employ attorneys to advise or assist in administration); § 45-3-721 (court may review the reasonableness of the compensation of any person so employed); § 45-3-720 (expenses in estate litigation, incl. reasonable attorneys fees); no statutory percentageVerified Sep 8, 2026View source of estate value. Flat-fee arrangements are common for straightforward estates.
Executor compensation is based on reasonable pay for time and effort — the states that do set a schedule pay 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 estate value. Family members who are also beneficiaries often waive the fee — executor pay is taxable income while inheritances are not.
Probate in New Mexico typically runs 6 months to 12 months, and costs accrue throughout that period.
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.
How to File Your Documents
You can file your probate documents in person at the court or by mail.
Not every estate requires an attorney. Estate size, asset types, and whether beneficiaries agree determine if self-filing at the Bernalillo County Probate Court is realistic.
For a full cost comparison and filing checklist, see the Bernalillo County Self-Filing Assessment.
These are specific requirements for filing probate in this county. Following these guidelines will help avoid delays or rejected filings.
Walk-ins accepted; appointments also available by phone or email.
SourceStaff cannot give legal advice or help complete forms; only New Mexico Supreme Court-approved probate forms are provided.
Before You Go
You can file in person without an appointment. In-person walk-in filing accepted. Appointments are also offered; call 505-468-1229 or email probate@bernco.gov to schedule.
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.
Clearing title to real estate after a death, whether by a personal representative’s deed, an affidavit of survivorship, or a court order, happens at the County Clerk.
Deeds and other real property documents for Bernalillo County are recorded with the County Clerk, led by County Clerk Michelle S. Kavanaugh, at 415 Silver Ave. SW, 2nd Floor, Albuquerque, NM 87102. Phone: 505-468-1290. Hours: Monday - Friday, 8:00 AM - 5:00 PM (Recording closed 12:00 PM - 1:15 PM).
Documents submitted by mail go to PO Box 542, Albuquerque, NM 87103-0542.
The County Clerk charges $25 flat, regardless of page count.
Bernalillo County accepts electronic recording through Simplifile / CSC.
Recording Office Record
Bernalillo County · County Clerk · Michelle S. Kavanaugh
Address
Phone
Fax
Hours
E-recording
Recording fees
| Flat fee (any length) | $25 |
| Transfer tax on a TOD deed | Exempt |
NMSA 14-8-15
Verified September 7, 2026 · Source
New Mexico allows informal probate, so many families settle straightforward estates in Bernalillo County without hiring an attorney. A probate attorney earns the fee when the estate is contested, includes a business or out-of-state real estate, has unclear or insolvent debts, or when beneficiaries disagree.
Probate attorney fees in New Mexico are based on reasonable compensation — typically 1.8%NMSA § 45-3-715(A)(21) (PR may employ attorneys to advise or assist in administration); § 45-3-721 (court may review the reasonableness of the compensation of any person so employed); § 45-3-720 (expenses in estate litigation, incl. reasonable attorneys fees); no statutory percentageVerified Sep 8, 2026View source to 2.9%NMSA § 45-3-715(A)(21) (PR may employ attorneys to advise or assist in administration); § 45-3-721 (court may review the reasonableness of the compensation of any person so employed); § 45-3-720 (expenses in estate litigation, incl. reasonable attorneys fees); no statutory percentageVerified Sep 8, 2026View source of the estate's value, billed hourly or as a flat fee. Ask a Bernalillo County firm to quote a structure up front.
A probate attorney files the petition with the Bernalillo County Probate Court, publishes the required creditor notices, prepares the inventory and accounting, handles creditor claims and tax filings, and guides the final distribution. They represent the personal representative — not the beneficiaries — a distinction that matters if a dispute develops.
Solo PracticeAlbuquerque, NM
Bruce J. Puma Jr. established Albuquerque Legal & Fiduciary in 2015. As both an attorney and a CPA, he has an extensive background in accounting and law, providing estate planning and fiduciary services.
PracticesEstate PlanningTrust AdministrationProbateGuardianshipFiduciary Services
FirmAlbuquerque, NM
Serves Bernalillo County families from downtown Albuquerque. Handles estate planning, wills and trusts, probate, and trust litigation, alongside the tax questions that surface when an estate is settled. Gerald E. Bischoff has practiced in Albuquerque since 1977.
PracticesEstate PlanningProbateTrust LitigationTax Planningand 3 more
Solo PracticeAlbuquerque, NM
Tom Brown began the practice of law in 1986 and has throughout his 32+ year career focused on legal matters related to trusts and estates, wills, estate planning, probate and trust administration.
PracticesEstate PlanningTrust AdministrationProbateIrrevocable Trustsand 2 more
FirmAlbuquerque, NM
A second-generation Albuquerque firm serving Bernalillo County and the surrounding metro. Handles estate planning, wills and trusts, probate, and the tax questions that come with them, with a practice concentrated in trusts and estates for more than 46 years.
PracticesEstate PlanningProbateTax PlanningBusiness Planningand 2 more
FirmAlbuquerque, NM
Albuquerque firm serving Bernalillo County and clients across New Mexico since 1959. Its commercial section handles wills, estate planning, and probate, backed by a large civil-litigation bench when an estate turns contested.
PracticesEstate PlanningTrust AdministrationProbateProbate LitigationWills
FirmAlbuquerque, NM
Serves Bernalillo County and clients across New Mexico from Albuquerque. Handles estate and trust administration, probate, guardianships and conservatorships, and fiduciary litigation, including tax and estate disputes between beneficiaries and personal representatives.
PracticesEstate PlanningTrust AdministrationProbateProbate Litigationand 2 more
Firm listings are for informational purposes only. SimplyTrust does not endorse or recommend any specific firm or attorney. Contact firms directly to verify their current practice areas and availability.
Data sourced from New Mexico statutes and official state code. How we research.
Each institution has a separate death claim process. Find yours below.
Get a complete guide for your specific circumstances.
Vehicles, jewelry, collectibles, etc.
Mortgages, credit cards, loans, etc.
Living trust assets, and accounts with a named beneficiary or surviving joint owner. These skip probate; some states charge the court fee only on what remains.
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Probate fee bases vary by state and may use gross estate, personal property, inventory value, or net property after debts. This calculator provides educational estimates only and does not constitute legal or financial advice. Actual costs vary significantly by county, attorney, and estate complexity. Consult a licensed attorney in your state for guidance specific to your situation.
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This tool provides general information about self-filing probate and is not legal advice. Consult a licensed attorney in your state for guidance specific to your situation.
Step-by-step tools for families in Bernalillo County, New Mexico.
Get a personalized plan for settling an estate after someone passes away. Covers trust administration, probate, and intestate estates.
Get a personalized plan for settling a trust after the grantor passes away. Covers beneficiary notification, asset transfers, creditor handling, taxes, and distributions.
Get a score-based recommendation on whether self-filing probate is right for your situation. See estimated savings vs. hiring an attorney and get a step-by-step checklist.
Browse vetted New Mexico attorneys handling probate matters.
