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.
What to Do When Someone Dies in San Juan County, New Mexico
How probate works in San Juan County: the San Juan County Probate Court record, what the process costs, and how to file there.
Probate Court Record
San Juan County Probate Court
San Juan County · 11th Judicial District
Phone
Hours
Monday-Thursday 7:00 AM-5:30 PM
Office
100 South Oliver Drive, Suite 200, Aztec, NM 87410
Website
Self-represented filing
Allowed
Self-help forms
Self-represented filing
AllowedThe county publishes probate packets for an estate with a will and without one, a small estate affidavit and a proof of authority form. The probate page also links the Eleventh Judicial District's free legal advice clinics for self-represented filers.
County forms
- Probate Packet With WillThe county's packet to open an informal probate of a will.
- Probate Packet Without WillThe county's packet to open an informal probate when there is no will.
- Small Estate AffidavitThe affidavit form the county publishes for a small estate.
- Proof of AuthorityThe proof-of-authority form the county publishes.
P.O. Box 550
Aztec, NM 87410
Fax
1-505-334-3635
About the court
- The probate court shares the County Clerk's Office address, phone, fax and hours. Contested or formal probate, guardianships, and conservatorships are handled by the Eleventh Judicial District Court, 103 South Oliver, Aztec NM 87410 (505-334-6151).
Verified October 16, 2026 · Source
How Probate Works in San Juan 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 San Juan County, probate runs through the San Juan County Probate Court at 100 South Oliver Drive, Suite 200, Aztec. The court sits in the 11th Judicial District. The same 11th Judicial District also serves McKinley.
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 San Juan County
What probate costs in San Juan 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 San Juan County Probate Court at 100 South Oliver Drive, Suite 200, Aztec. The court is part of the 11th 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 San Juan County Probate Court
Probate cases in San Juan County are filed at the San Juan County Probate Court. File in person during business hours or by mail. The court sits in the 11th 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 San Juan County Self-Filing Assessment.
San Juan 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
The probate court prefers single-sided printing on filed papers.
SourceWhat to Bring
Filed with the opening petition at the San Juan 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 San Juan County
In San Juan 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
San Juan 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
San Juan 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 San Juan 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 San Juan County are recorded with the County Clerk at 100 South Oliver Drive, Suite 200, Aztec, NM 87410. Phone: 1-505-334-9471. Hours: Monday-Thursday 7:00 AM-5:30 PM.
Documents submitted by mail go to P.O. Box 550, Aztec, NM 87410.
The County Clerk charges $25 flat, regardless of page count.
San Juan County accepts electronic recording through Simplifile, CSC, ePN and Indecomm.
Recording Office Record
County Clerk
San Juan County
Phone
Hours
Monday-Thursday 7:00 AM-5:30 PM
Office
100 South Oliver Drive, Suite 200, Aztec, NM 87410
Website
E-recording
available via Simplifile, CSC, ePN and Indecomm
P.O. Box 550
Aztec, NM 87410
Fax
1-505-334-3635
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 San Juan County
New Mexico allows informal probate, so many families settle straightforward estates in San Juan 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 San Juan County firm to quote a structure up front.
A probate attorney files the petition with the San Juan 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.
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.
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.
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.
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.
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.
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
- San Juan County Probate Court, official page
- San Juan County Clerk, official page
- San Juan 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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