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.
What to Do When Someone Dies in Grant County, New Mexico
How probate works in Grant County: the Grant County Probate Court record, what the process costs, and how to file there.
Probate Court Record
Grant County Probate Court
Grant County · 6th Judicial District
Phone
Office
1400 Highway 180 East, Silver City, NM 88061
Website
Filing in person
Appointment required
Self-represented filing
Allowed
Self-help forms
Filing in person
Appointment requiredThe Probate Judge's Office keeps no set hours and sees filers by appointment; call 575-574-0071 to book one.
Self-represented filing
AllowedThe Grant County Clerk's Office sells an intestate (no will) probate packet for $5, and the Supreme Court's probate forms are free online. The judge and staff do not give legal advice, fill out forms, prepare deeds or recommend an attorney.
Accepted payment
- At the counterCash, Check, Money order.Fees are paid to the Grant County Clerk in cash, check, money order or cashier's check only, with checks payable to the Grant County Clerk.
P.O. Box 898
Silver City, NM 88062
Fax
1-575-574-0076
About the court
- Formal probate, heirship determinations, contested cases, will disputes, removal of a personal representative and trust matters go to the Sixth Judicial District Court, 201 N. Cooper St., Silver City NM 88061 (575-538-3250), which also handles guardianships and conservatorships.
Verified October 16, 2026 · Source
How Probate Works in Grant 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 Grant County, probate runs through the Grant County Probate Court at 1400 Highway 180 East, Silver City. The court sits in the 6th Judicial District. The same 6th Judicial District also serves Hidalgo and Luna.
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 Grant County
What probate costs in Grant 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 Grant County Probate Court at 1400 Highway 180 East, Silver City. The court is part of the 6th Judicial District.
Procedures at this court that affect cost: Informal probate docket fee $30; death certificate recording $25; certified copies $2 per document.
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 Grant County Probate Court
Probate cases in Grant County are filed at the Grant County Probate Court. File in person during business hours or by mail. The court sits in the 6th Judicial District.
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 Grant County Self-Filing Assessment.
Grant County Filing Requirements
These are specific requirements for filing probate in this county. Following these guidelines will help avoid delays or rejected filings.
Before You File
A probate cannot be filed during the first 120 hours (5 days) after death and is normally filed within three years of death. The court takes a case where the decedent lived in Grant County, or lived outside New Mexico and owned property in Grant County.
SourceWhat to Bring
Filed with the opening petition at the Grant 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 Grant County
In Grant 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
Grant 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
Grant 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 Grant 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 Grant County are recorded with the County Clerk at 1400 Highway 180 East, Silver City, NM 88061. Phone: 1-575-574-0042. Hours: Monday-Friday 8:00 AM-5:00 PM.
Documents submitted by mail go to P.O. Box 1286, Silver City, NM 88062.
The County Clerk charges $25 flat, regardless of page count.
Grant County accepts electronic recording through Simplifile.
Recording Office Record
County Clerk
Grant County
Phone
Hours
Monday-Friday 8:00 AM-5:00 PM
Office
1400 Highway 180 East, Silver City, NM 88061
Website
E-recording
available via Simplifile
P.O. Box 1286
Silver City, NM 88062
Fax
1-575-574-0076
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 Grant County
New Mexico allows informal probate, so many families settle straightforward estates in Grant 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 Grant County firm to quote a structure up front.
A probate attorney files the petition with the Grant 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 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.
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.
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.
S. Bert Atkins Law Office is located in Alamogordo and specializes in estate planning, business law, and family law. The firm assists with preparation of wills, trusts, powers of attorney and other advance directives, and helps identify ways to avoid probate.
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.
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
- Grant County Probate Court, official page
- Grant County Clerk, official page
- Grant 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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