Probate in Chaves County runs through the Chaves 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 Chaves County, settling their estate runs through the Chaves 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
Chaves County · 5th Judicial District
Address
Phone
Probate filings are handled through the Chaves County Clerk's Office (1 St. Mary's Place, Suite 110). The probate judge is not named on the official county page. The live county site (Akamai) blocks automated fetches; data re-verified July 2026 against the county's official probate page as indexed. Contested or formal probate, guardianships, and conservatorships are handled by the Fifth Judicial District Court, 400 N. Virginia Ave., Roswell NM 88201 (575-622-2212).
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 Chaves County, probate runs through the Chaves County Probate Court at 1 St. Mary's Place, Suite 110, Roswell. The court sits in the 5th Judicial District. The same 5th Judicial District also serves Eddy and Lea.
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 Chaves 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 Chaves County Probate Court at 1 St. Mary's Place, Suite 110, Roswell. The court is part of the 5th Judicial District.
Local procedures at this court that affect cost: Probate packet (with or without will) $5; initial filing fee $30; copies $0.15 per page; certifications $0.50 per document; clerk's certificates $1.50; exemplification certificates $1.50. These are county-specific and not posted on the statewide court site.
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 Chaves County are filed at the Chaves County Probate Court. File in person during business hours or by mail. The court sits in the 5th 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 Chaves County Probate Court is realistic.
For a full cost comparison and filing checklist, see the Chaves County Self-Filing Assessment.
These are specific requirements for filing probate in this county. Following these guidelines will help avoid delays or rejected filings.
To file a probate, provide an Application for Informal Probate, the original death certificate, and the last will (if any). Print probate forms single-sided. The death must have occurred at least 120 hours and no more than 3 years before filing.
To file at the Chaves 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 Chaves County are recorded with the County Clerk, led by County Clerk Cindy Fuller, at 1 St. Mary's Place, Suite 110, Roswell, NM 88203. Phone: 575-624-6614. Hours: Monday - Friday, 8:00 AM - 5:00 PM.
Documents submitted by mail go to PO Box 580, Roswell, NM 88202.
The County Clerk charges $25 flat, regardless of page count.
Chaves County accepts electronic recording through Simplifile.
Recording Office Record
Chaves County · County Clerk · Cindy Fuller
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 Chaves 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 Chaves County firm to quote a structure up front.
A probate attorney files the petition with the Chaves 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 PracticeRoswell, NM
Attorney Jeff Grandjean has been practicing in Roswell since 2011, representing clients in Roswell, Carlsbad, Artesia, Hobbs, Alamogordo, and throughout southeastern New Mexico.
PracticesEstate PlanningProbateGuardianship
Solo PracticeRoswell, NM
Serves Roswell, Chaves County, and southeastern New Mexico. Handles probate, wills, powers of attorney, health care directives, trusts, and will contests, alongside family law and business matters. Founded in 1998; Rick Kraft is a past president of the State Bar of New Mexico.
PracticesEstate PlanningProbateProbate LitigationBusiness Planningand 5 more
FirmRoswell, NM
Serves Chaves County and southeastern New Mexico from Roswell. Handles estate planning, probate, wills and trusts, guardianships and conservatorships, and estate tax matters, including will contests and trust litigation. Founded by Truman Sanders in 1945 and practicing in southeastern New Mexico ever since.
PracticesEstate PlanningProbateTax PlanningConservatorshipand 3 more
Solo PracticeRuidoso, NM
Alan P. Morel has practiced in Ruidoso since 1989 and serves Lincoln County and surrounding southeast New Mexico communities. He has served as outside counsel for Lincoln County, the Ruidoso Board of Realtors, Cablevision Communications, and Mescalero Apache Telecom alongside his estate planning and probate practice.
PracticesEstate PlanningProbateAdministrative LawBusiness Planningand 2 more
FirmHobbs, NM
Crenshaw, Dupree & Milam is a Texas-based firm that opened a Hobbs, New Mexico office in 2018 to serve Lea County and southeastern New Mexico. Kathleen A. Moran practices in corporate law, business transactions, probate, estate administration, and estate planning.
PracticesEstate PlanningEstate AdministrationProbateBusiness PlanningReal Estate
Solo PracticePortales, NM
Eric D. Dixon has practiced law since approximately 1989 and serves Roosevelt County and eastern New Mexico from Portales. Licensed in New Mexico, Texas, and Colorado, he has taught business law and real estate law at Eastern New Mexico University. Former Roosevelt County Chamber of Commerce President.
PracticesEstate PlanningProbateBusiness PlanningReal Estate
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.
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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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Step-by-step tools for families in Chaves County, New Mexico.
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