Probate in Guadalupe County runs through the Guadalupe 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 Guadalupe County, settling their estate runs through the Guadalupe 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
Guadalupe County · 4th Judicial District
Address
Phone
Hours
Departments
Informal probate is handled by the Guadalupe County Clerk's & Probate Office; filings are by appointment (Clerk's Office main line 575-472-3791). The probate judge is not named on the official county website. 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 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 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. 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 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.
Probate matters are handled through the County Clerk's Office (works with the Probate Judge on informal probate). Filing and payment go through these offices, not the main clerk window.
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 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.
Filings here are routed through the County Clerk's Office (works with the Probate Judge on informal probate). Confirm with the office which intake handles the petition type you're filing.
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 Guadalupe County Probate Court is realistic.
For a full cost comparison and filing checklist, see the Guadalupe County Self-Filing Assessment.
Before You Go
An appointment is required to file in person. Call the Clerk's Office to schedule an appointment with Probate.
To file at the Guadalupe 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 Guadalupe County are recorded with the County Clerk, led by County Clerk Robert Serrano III, at 1448 Historic Route 66, Suite 1, Santa Rosa, NM 88435. Phone: 575-472-3791.
The County Clerk charges $25 flat, regardless of page count.
Guadalupe County accepts electronic recording through Simplifile.
Recording Office Record
Guadalupe County · County Clerk · Robert Serrano III
Address
Phone
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 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 — 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 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.
FirmAlbuquerque, NM
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.
PracticesEstate PlanningProbateConservatorshipGuardianshipand 2 more
FirmSanta Fe, NM
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.
PracticesEstate PlanningTrust AdministrationProbateFiduciary Mattersand 2 more
FirmAlbuquerque, NM
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.
PracticesEstate PlanningTrust AdministrationProbateTax Planningand 2 more
FirmAlbuquerque, NM
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.
PracticesEstate PlanningTrust AdministrationProbateTrustsWills
FirmAlbuquerque, NM
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.
PracticesEstate AdministrationProbateProbate LitigationTrust LitigationGuardianship
FirmAlbuquerque, NM
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.
PracticesEstate PlanningTrust AdministrationProbateProbate Litigationand 4 more
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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This tool provides general information about self-filing probate and is not legal advice. Consult a licensed attorney in your state for guidance specific to your situation.
Step-by-step tools for families in Guadalupe County, New Mexico.
Get a personalized plan for settling an estate after someone passes away. Covers trust administration, probate, and intestate estates.
Get a personalized plan for settling a trust after the grantor passes away. Covers beneficiary notification, asset transfers, creditor handling, taxes, and distributions.
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