How probate works in Eddy County: the Eddy County Probate Court record, what the process costs, and how to file there.
Probate Court Record
Eddy County · 5th Judicial District
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Filing in person
Self-represented filing
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Filing in person
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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 Eddy County, probate runs through the Eddy County Probate Court at 325 South Main Street, Carlsbad. The court sits in the 5th Judicial District. The same 5th Judicial District also serves Chaves 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. 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 Eddy 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 Eddy County Probate Court at 325 South Main Street, Carlsbad. The court is part of the 5th Judicial District.
Procedures at this court that affect cost: Filing fee $30; copies $1 per page; certification $1 each; notarization $5 each. All fees are paid in full on the day the probate is presented for filing.
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 Eddy County are filed at the Eddy County Probate Court. File in person during business hours or by mail. The court sits in the 5th Judicial District.
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 Eddy County Self-Filing Assessment.
These are specific requirements for filing probate in this county. Following these guidelines will help avoid delays or rejected filings.
Whether heirs need to file a probate at all depends on the decedent's assets and how they were owned.
SourceFiled with the opening petition at the Eddy 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 Eddy County certified copies of the death certificate come from New Mexico Department of Health - Bureau of Vital Records.
Vital Records Office Record
Eddy County · State vital records office
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| First certified copy | $5 |
Verified October 15, 2026 · Source
Coroner or Medical Examiner Record
Eddy County · Office of the Medical Investigator
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Serves this county
Release of remains
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 Eddy County are recorded with the County Clerk at 325 South Main Street, Carlsbad, NM 88220. Phone: 1-575-885-3383. Hours: Monday-Friday 7:00 AM-6:00 PM.
The County Clerk charges $25 flat, regardless of page count.
Eddy County accepts electronic recording through Simplifile.
Recording Office Record
Eddy 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 Eddy 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 an Eddy County firm to quote a structure up front.
A probate attorney files the petition with the Eddy 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.
FirmCarlsbad, NM
Serves Eddy County and southeastern New Mexico from Carlsbad, and clients across the Texas line. Wills, trusts, estates and probate is a named practice area with two attorneys assigned to it, alongside guardianship and conservatorship work. The firm has practiced in Carlsbad for over 50 years.
PracticesEstate PlanningProbateConservatorshipGuardianshipand 2 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 PlanningProbateBusiness 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
FirmRuidoso, NM
Serves Lincoln County and south-central New Mexico from Ruidoso. Handles wills, probate, and estate administration alongside family law, criminal defense, and personal injury. A two-attorney office, with Pamela Beckman admitted in 1983 and Freda McSwane in 2003.
PracticesEstate PlanningProbateCriminal DefenseFamily Lawand 2 more
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
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.
