Probate in McKinley County runs through the McKinley 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 McKinley County, settling their estate runs through the McKinley 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
McKinley County · 11th Judicial District
Address
Phone
Fax
Hours
Contested or formal probate, guardianships, and conservatorships are handled by the Eleventh Judicial District Court, 207 W. Hill Ave., Gallup NM 87301 (505-863-6816).
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 McKinley County, probate runs through the McKinley County Probate Court at 207 West Hill Avenue, Gallup. The court sits in the 11th Judicial District. The same 11th Judicial District also serves San Juan.
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 McKinley 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 McKinley County Probate Court at 207 West Hill Avenue, Gallup. The court is part of the 11th Judicial District.
New Mexico charges $30NMSA 1978, § 34-7-14 (probate court filing fee, $30 — repealed and reenacted by Laws 2023, ch. 44, § 11, eff. 7/1/2023); § 45-1-302(C) (probate and district courts share original jurisdiction over informal proceedings); NM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 McKinley County are filed at the McKinley County Probate Court. File in person during business hours or by mail. The court sits in the 11th Judicial District.
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 McKinley County Probate Court is realistic.
For a full cost comparison and filing checklist, see the McKinley County Self-Filing Assessment.
These are specific requirements for filing probate in this county. Following these guidelines will help avoid delays or rejected filings.
By appointment only; the Probate Judge's office schedule varies by month. Call the County Clerk's Office at 505-863-6866 to schedule.
SourceBefore You Go
An appointment is required to file in person. By appointment only; the Probate Judge's office schedule varies by month. Call the County Clerk's Office at 505-863-6866 to schedule.
To file at the McKinley 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 McKinley County are recorded with the County Clerk, led by County Clerk Jacqueline Katherine Sloan, at 207 W. Hill Ave., Gallup, NM 87301. Phone: 505-863-6866. Hours: Monday - Friday, 8:00 AM - 5:00 PM.
The County Clerk charges $25 flat, regardless of page count.
McKinley County accepts electronic recording through Simplifile.
Recording Office Record
McKinley County · County Clerk · Jacqueline Katherine Sloan
Address
Phone
Fax
Hours
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 McKinley 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 McKinley County firm to quote a structure up front.
A probate attorney files the petition with the McKinley 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.
FirmGallup, NM
Mason & Isaacson has served clients throughout the Four Corners region for more than 35 years. The firm has a general civil practice with expertise in estate planning, wills, trusts, and probate, along with government entity defense and tribal court litigation for the Navajo Nation.
PracticesEstate PlanningProbateBusiness PlanningTrustsWills
Solo PracticeFarmington, NM
Patricia Simpson has been in practice for over three decades and actively involved in the Farmington community since 1998. The firm handles estate planning, probate proceedings, guardianship/conservatorship proceedings, and elder law planning.
PracticesEstate PlanningProbateElder LawConservatorshipand 4 more
Solo PracticeFarmington, NM
A Farmington solo practice led by J. Nicci Unsicker, focused on transparent flat-fee estate planning for Northwest New Mexico, Colorado, and tribal-nation clients. The firm handles wills and trusts that involve tribal and allotment assets for Navajo Nation and Jicarilla Apache members alongside standard New Mexico estates.
PracticesEstate PlanningProbateElder LawGuardianshipand 4 more
FirmLas Vegas, NM
Serves San Miguel County and northeastern New Mexico from Las Vegas, with offices in Albuquerque and Farmington. Handles estate planning, wills and trusts, powers of attorney, special needs trusts, and probate. The estate practice came from a 2020s combination with Leach Estate & Probate, and Danelle J. Smith — who practised in Las Vegas on her own for decades — is now one of its attorneys.
PracticesEstate PlanningProbatePowers Of AttorneySpecial Needs Trustsand 2 more
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
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.
Each institution has a separate death claim process. Find yours below.
Get a complete guide for your specific circumstances.
Vehicles, jewelry, collectibles, etc.
Mortgages, credit cards, loans, etc.
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 McKinley 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.
Get a score-based recommendation on whether self-filing probate is right for your situation. See estimated savings vs. hiring an attorney and get a step-by-step checklist.
Browse vetted New Mexico attorneys handling probate matters.
