Serves Doña Ana County and southern New Mexico from Las Cruces. Focuses on elder law and estate planning — Medicaid planning, guardianships and conservatorships, probate, and trust administration — after 30 years in practice. Michele Ungvarsky is a member of the National Academy of Elder Law Attorneys.
What to Do When Someone Dies in Doña Ana County, New Mexico
How probate works in Doña Ana County: the Doña Ana County Probate Court record, what the process costs, and how to file there.
Probate Court Record
Doña Ana County Probate Court
Doña Ana County · 3rd Judicial District
Phone
Hours
Monday-Friday 9:00 AM-3:00 PM
Office
845 North Motel Boulevard, Room 1-201, Las Cruces, NM 88007
Website
Filing in person
Walk-ins accepted
Self-represented filing
Allowed
Self-help forms
Filing in person
Walk-ins acceptedNo appointment is needed; new applications are taken by the probate judge or the probate assistant during office hours. For a call-back, the office asks for the caller's name, phone number and the decedent's name.
Self-represented filing
AllowedThe court's forms pages post the with-will and no-will forms, and a printed packet costs $5 at the court. The same forms can be used at the Third Judicial District Court once the caption names that court.
Accepted payment
- At the counterCash, Check, Money order, Credit card, Debit card.Card payments carry a $3 processing fee, and cashier's checks are accepted. An application dropped off for review takes only a check, money order or cashier's check payable to Doña Ana County Clerk.
Fax
1-575-525-6159
Departments
- Judge1-575-525-6132 · Tuesday-Thursday 1:00 PM-5:00 PM
- Administrative Assistant1-575-525-6115
About the court
- Contested or formal probate, guardianships, and conservatorships are handled by the Third Judicial District Court, 201 W. Picacho Ave., Las Cruces NM 88005 (575-523-8200).
Verified October 16, 2026 · Source
How Probate Works in Doña Ana County
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 Doña Ana County, probate runs through the Doña Ana County Probate Court at 845 North Motel Boulevard, Room 1-201, Las Cruces. The court sits in the 3rd 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 Doña Ana County
What probate costs in Doña Ana 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 Doña Ana County Probate Court at 845 North Motel Boulevard, Room 1-201, Las Cruces. The court is part of the 3rd Judicial District.
Procedures at this court that affect cost: Informal probate docket fee $30; certification $1 per document; copies made by the court $1 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.
How to File Probate at the Doña Ana County Probate Court
Probate cases in Doña Ana County are filed at the Doña Ana County Probate Court. File in person during business hours or by mail. The court sits in the 3rd Judicial District.
Beside the filing office, the court lists separate lines for Judge, Administrative Assistant, and TDD.
Can You File Without an Attorney?
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 Doña Ana County Self-Filing Assessment.
Doña Ana County Filing Requirements
These are specific requirements for filing probate in this county. Following these guidelines will help avoid delays or rejected filings.
Document Requirements
An opening needs the original will with any codicils, the original death certificate and a marriage certificate, with the application signed before a notary public. Pleadings are printed single-sided, without white-out (a mistake is lined through and initialed); the court keeps the originals and returns endorsed copies.
SourceCourt Appearances
Walk-ins are welcome during office hours; no appointment is required.
SourceWhat to Bring
Filed with the opening petition at the Doña Ana 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.
Death Certificates and the Medical Examiner in Doña Ana County
In Doña Ana County certified copies of the death certificate come from New Mexico Department of Health - Bureau of Vital Records.
Vital Records Office Record
New Mexico Department of Health - Bureau of Vital Records
Doña Ana County · State vital records office
Phone
Hours
Monday-Friday 8:30 AM-4:00 PM
Office
2554 Camino Entrada, Santa Fe, NM 87505
Website
Certified copies
From New Mexico Department of Health - Bureau of Vital Records
New Mexico Vital Records
P.O. Box 26110
Santa Fe, NM 87502
Certified copy fees
| First certified copy | $5 |
Verified October 15, 2026 · Source
Coroner or Medical Examiner Record
State Medical Examiner
Doña Ana County · Office of the Medical Investigator
Phone
Hours
Monday-Friday 8:00 AM-5:00 PM
Office
1101 Camino de Salud Northeast, Albuquerque, NM 87102
Website
Serves this county
Office of the Medical Investigator
Release of remains
1-505-272-1361 · Decedent Affairs Unit
Mail and offices
MSC07 4040
1 University of New Mexico
Albuquerque, NM 87131-0001
Verified November 3, 2026 · Source
Transferring Property in Doña Ana County
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 Doña Ana County are recorded with the County Clerk at 845 North Motel Boulevard, Las Cruces, NM 88007. Phone: 1-575-647-7421.
The County Clerk charges $25 flat, regardless of page count.
Doña Ana County accepts electronic recording through Simplifile and CSC.
Recording Office Record
County Clerk
Doña Ana County
Phone
Office
845 North Motel Boulevard, Las Cruces, NM 88007
Website
E-recording
available via Simplifile and CSC
Fax
1-575-527-9857
Recording fees
| 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
Probate Attorneys Serving Doña Ana County
New Mexico allows informal probate, so many families settle straightforward estates in Doña Ana 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 Doña Ana County firm to quote a structure up front.
A probate attorney files the petition with the Doña Ana 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.
Serves southern New Mexico from Las Cruces, with offices in Albuquerque and Truth or Consequences. Handles wills, trusts, estate planning, and probate and estate administration for executors and personal representatives. Spanish-language service, with a stated focus on Hispanic and multigenerational families.
Serves Las Cruces and southern New Mexico with wills, trusts, probate, and trust administration. Founded in 2020 by Jessica Streeter, a former Third Judicial District Court judge and Las Cruces municipal judge. A free 15-minute case review precedes the paid initial consultation, whose fee is credited toward the work.
Dana M. Kyle has over 30 years' experience in estate planning, business, and real estate law, serving southern New Mexico for over 20 years. The firm has earned the AV Preeminent rating from Martindale-Hubbell.
Serves Luna, Grant, and Sierra counties from Deming. Handles estate planning, wills and trusts, probate, and the real-estate transfers that follow a death, alongside business matters.
Established in 1973, Lopez, Dietzel & Perkins serves Grant County and surrounding southwest New Mexico communities from Silver City. A general practice firm covering estate planning, probate, real estate, and business matters.
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.
Legal Sources
(9)·
- NMSA § 45-3-719 (reasonable compensation; no statutory percentage); § 45-3-721 (court review of reasonableness)
- NMSA §§ 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)
- NMSA §§ 45-3-801, 45-3-803, 45-3-806, 45-3-1006
- NMSA 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 schedules
- 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)
- NMSA 14-8-15
- Doña Ana County Probate Court, official page
- Doña Ana County Clerk, official page
- Doña Ana County vital records and death investigation offices, official page
Data sourced from New Mexico statutes and official state code. Fee percentages are modeled estimates; each figure's note says how. How we research.
Tools for Settling an Estate in New Mexico
Free tools for settling an estate in New Mexico: whether probate is needed, executor and trustee pay, creditor deadlines and taxes. Run each tool.
How Do I Settle an Estate?
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.
See the Steps
How Do I Settle a Trust?
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.
See the Steps
Can I Self-File Probate?
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.
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