Cristy J. Carbon-Gaul leads a firm focused exclusively on estate planning and related matters with over 20 years of experience. The firm serves clients throughout New Mexico, from Albuquerque to Las Cruces.
What to Do When Someone Dies in Guadalupe County, New Mexico
How probate works in Guadalupe County: the Guadalupe County Probate Court record, what the process costs, and how to file there.
Probate Court Record
Guadalupe County Probate Court
Guadalupe County · 4th Judicial District
Phone
Office
1448 Historic Route 66, Suite 1, Santa Rosa, NM 88435
Website
Filing in person
Appointment required
Self-represented filing
Allowed
Self-help forms
Filing in person
Appointment requiredThe Clerk's Office books appointments with the Probate Judge by phone at 575-472-3791.
Self-represented filing
AllowedClerk's Office staff do not fill out forms or give legal advice. The Supreme Court's probate forms are free online.
About the court
- The County Clerk serves as clerk of the probate court for informal proceedings, and the Clerk's & Probate Office takes the filings. Contested or formal probate, guardianships, and conservatorships are handled by the Fourth Judicial District Court, 1448 Historic Route 66, Ste 5, Santa Rosa NM 88435 (575-472-3888).
Verified October 16, 2026 · Source
How Probate Works in Guadalupe 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 Guadalupe County, probate runs through the Guadalupe County Probate Court at 1448 Historic Route 66, Suite 1, Santa Rosa. The court sits in the 4th Judicial District. The same 4th Judicial District also serves Mora and San Miguel.
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 Guadalupe County
What probate costs in Guadalupe 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 Guadalupe County Probate Court at 1448 Historic Route 66, Suite 1, Santa Rosa. The court is part of the 4th Judicial District.
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 Guadalupe County Probate Court
Probate cases in Guadalupe County are filed at the Guadalupe County Probate Court. File in person during business hours or by mail. The court sits in the 4th 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 Guadalupe County Self-Filing Assessment.
What to Bring
Filed with the opening petition at the Guadalupe 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 Guadalupe County
In Guadalupe 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
Guadalupe 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
Guadalupe 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 Guadalupe 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 Guadalupe County are recorded with the County Clerk at 1448 Historic Route 66, Suite 1, Santa Rosa, NM 88435. Phone: 1-575-472-3791.
The County Clerk charges $25 flat, regardless of page count.
Guadalupe County accepts electronic recording through Simplifile.
Recording Office Record
County Clerk
Guadalupe County
Phone
Office
1448 Historic Route 66, Suite 1, Santa Rosa, NM 88435
Website
E-recording
available via Simplifile
Fees
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 Guadalupe County
New Mexico allows informal probate, so many families settle straightforward estates in Guadalupe 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 Guadalupe County firm to quote a structure up front.
A probate attorney files the petition with the Guadalupe 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 Santa Fe and Albuquerque from offices in both cities, with statewide reach. Handles estate planning, probate, trust administration, and fiduciary matters. Founded in Santa Fe in 1917.
Serves Albuquerque, Santa Fe, and clients statewide from offices in both cities. Handles the full arc of an estate — will and trust drafting, probate and estate administration, state and federal estate tax returns, and multistate proceedings where the decedent owned property outside New Mexico. Two shareholders are Fellows of the American College of Trust and Estate Counsel.
New Mexico Legal Group has served New Mexico families with estate planning and probate administration for over 23 years. The firm maintains offices in both Albuquerque and Las Cruces, serving clients statewide.
Serves Albuquerque and Santa Fe from offices in both cities, appearing in probate courts statewide. Handles contested and uncontested probate, representing personal representatives, heirs, creditors, and other interested persons in estate and trust disputes. Contested probate litigation is the firm's stated focus, and it offers a free 30-minute consultation.
Serves Albuquerque and Santa Fe from offices in both cities, reaching clients statewide. Handles wills and trusts, probate and trust administration, guardianships and conservatorships, and fiduciary litigation. A women-owned, women-led firm.
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
- Guadalupe County Probate Court, official page
- Guadalupe County Clerk, official page
- Guadalupe 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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