How probate works in Bernalillo County: the Bernalillo County Probate Court record, what the process costs, and how to file there.
Probate Court Record
Bernalillo County · 2nd Judicial District
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About the court
Verified October 16, 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 Avenue Southwest, 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. Creditors have 4 monthsNMSA §§ 45-3-801, 45-3-803, 45-3-806, 45-3-1006Verified Oct 19, 2026View source to present a claim, counted from the first publication of the notice to creditors.
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 Avenue Southwest, 2nd Floor, Albuquerque. The court is part of the 2nd Judicial District.
Procedures at this court that affect cost: The $30 docket fee is due when the case documents are filed. The court keeps the original filings; endorsed copies are returned by mail with a self-addressed stamped envelope or in person at $0.50 per page.
New Mexico charges $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 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%Modeled estimate under NMSA § 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 percentage: the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source to 2.9%Modeled estimate under NMSA § 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 percentage: the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source of estate value. Flat-fee arrangements are common for straightforward estates.
New Mexico allows executors 'reasonable compensation' — around 2.2%–3.8% of a $500,000 estate, judging by what the states with statutory schedules payNMSA § 45-3-719 (reasonable compensation; no statutory percentage); § 45-3-721 (court review of reasonableness)Verified Sep 8, 2026View source. 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.
Beside the filing office, the court lists a separate line for Appointments.
New Mexico has no statewide fill-in probate petition, so the opening petition is drafted as a legal pleading, and informal 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 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.
Filed with the opening petition at the Bernalillo County Probate Court: Death certificate (original) — presented to the probate judge at filing so the date of death can be confirmed, then returned to the personal representative; county intake practice, not a statutory, rule, or form requirement; Original will and any codicils (attached to the 4B-302 application when testate); Acceptance of appointment as personal representative (Form 4B-305), signed and affirmed under penalty of perjury (NMSA 1978, §§ 45-3-307, 45-3-601); Order for informal probate / appointment for the probate judge to sign (Form 4B-304 will / 4B-303 no will)NMSA 1978, §§ 45-3-301 (informal application), 45-3-103 & 45-3-601 (issuance of letters), 45-3-203 (priority), 45-3-715 (powers), 45-3-108 (three-year limit); 45-3-402 (formal probate)Verified Aug 24, 2026View source.
In Bernalillo County certified copies of the death certificate come from New Mexico Department of Health - Bureau of Vital Records.
Vital Records Office Record
Bernalillo County · State vital records office
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| First certified copy | $5 |
Verified October 15, 2026 · Source
Coroner or Medical Examiner Record
Bernalillo County · Office of the Medical Investigator
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Serves this county
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Mail and offices
Verified November 3, 2026 · Source
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 at 415 Silver Avenue Southwest, 2nd Floor, Albuquerque, NM 87102. Phone: 1-505-468-1290. Hours: Monday-Friday 8:00 AM-noon and 1:15 PM-5:00 PM.
Documents submitted by mail go to P.O. Box 542, Albuquerque, NM 87103-0542.
The County Clerk charges $25 flat, regardless of page count.
Bernalillo County accepts electronic recording through Kuvera Enterprise Solutions, Affiliated Computer Services, CSC, USA Digital Solutions and Simplifile.
Recording Office Record
Bernalillo County
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| Flat fee (any length) | $25 |
| Transfer tax on a TOD deed | TOD deeds are exempt from transfer tax |
NMSA 14-8-15
Verified October 16, 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, 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. Fee percentages are modeled estimates; each figure's note says how. How we research.
Free tools for settling an estate in New Mexico: whether probate is needed, executor and trustee pay, creditor deadlines and taxes. Run each tool.
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.
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.
New Mexico has no statewide fill-in probate petition, so the opening petition is drafted as a legal pleading, and informal 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.
Browse vetted New Mexico attorneys handling probate matters.
Each institution has a separate death claim process. Find yours below.
Get a complete guide for your specific circumstances.
Enter the estate value to see New Mexico attorney fees, executor fees, court costs and the timeline.
General information about probate costs, not legal or financial advice. Fee bases vary by state and may use gross estate, personal property, inventory value or net property after debts. Actual costs vary by county, attorney and estate complexity. Consult a licensed attorney for legal questions.
Enter the estate value to see whether New Mexico lets a self-represented person open probate, what the court requires, and what each route costs.
General information about filing probate without a lawyer, not legal advice. Both routes are priced by the probate cost estimator on the same estate; the attorney fee is the one line that differs. Actual costs vary by county, attorney and estate complexity. Consult a licensed attorney for legal questions.
