What to Do When Someone Dies in Union County, New Mexico
Probate in Union County runs through the Union 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 Union County, settling their estate runs through the Union 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.
Union County does not publish a dedicated Probate Court page; the Union County Clerk's Office serves as Clerk of the Probate Court for informal/uncontested filings (county main line 575-374-8896, ext. 4). The probate judge's name and a direct probate line could not be confirmed from a primary source as of 2026-07-05 - confirm with the County Clerk. Contested or formal probate, guardianships, and conservatorships are handled by the Eighth Judicial District Court, 100 Court St., Suite 5, Clayton NM 88415 (575-374-9577).
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 Union County, probate runs through the Union County Probate Court at 200 Court Street, Clayton. The court sits in the 8th Judicial District. Union County shares the 8th Judicial District with Colfax and Taos.
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 Union County
What probate costs in Union 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 Union County Probate Court at 200 Court Street, Clayton. The court is part of the 8th 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.
How to File Probate at the Union County Probate Court
Probate cases in Union County are filed at the Union County Probate Court. File in person during business hours or by mail. The court sits in the 8th Judicial District.
How to File Your Documents
Paper Filing Available
You can file your probate documents in person at the court or by mail.
Can You File Without an Attorney?
Not every estate requires an attorney. Estate size, asset types, and whether beneficiaries agree determine if self-filing at the Union County Probate Court is realistic.
To file at the Union 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.
Transferring Property in Union 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 Union County are recorded with the County Clerk, led by County Clerk Devian Fields, at 100 Court Street, Suite 2, Clayton, NM 88415. Phone: 575-374-9491. Hours: Monday - Thursday, 7:00 AM - 5:30 PM (closed Fridays).
Documents submitted by mail go to PO Box 430, Clayton, NM 88415.
The County Clerk charges $25 flat, regardless of page count.
Union County accepts electronic recording through Simplifile.
Recording Office Record
County Clerk
Union County · County Clerk · Devian Fields
Address
100 Court Street, Suite 2Clayton, NM 88415Mailing: PO Box 430, Clayton, NM 88415
New Mexico allows informal probate, so many families settle straightforward estates in Union 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 Union County firm to quote a structure up front.
A probate attorney files the petition with the Union 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.
Solo PracticeRaton, NM
McConnell Law Office, LLC
Serves 5 counties
Serves Colfax, Union, Harding, Mora and Quay counties from Raton, filing in the Eighth Judicial District Court and the Colfax County Probate Court. Handles wills, trusts, probate and estate administration alongside real property matters. Steven L. McConnell has practiced in northeast New Mexico since 1993 and is also licensed in Colorado, which covers estates straddling the Raton Pass.
PracticesEstate PlanningProbateBusiness PlanningReal Estateand 2 more
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
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
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
Office
500 Fourth Street NW, Suite 1000Albuquerque, NM 87102
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.
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.
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.
Union County Guides
Step-by-step tools for families in Union County, New Mexico.
