Bruce J. Puma Jr. established Albuquerque Legal & Fiduciary in 2015. As both an attorney and a CPA, he has an extensive background in accounting and law, providing estate planning and fiduciary services.
What to Do When Someone Dies in Valencia County, New Mexico
How probate works in Valencia County: the Valencia County Probate Court record, what the process costs, and how to file there.
Probate Court Record
Valencia County Probate Court
Valencia County · 13th Judicial District
Phone
Hours
Office
Website
Filing in person
Self-represented filing
Self-help forms
Filing in person
Self-represented filing
Accepted payment
- At the counterCheck.The $30 filing fee is paid when the documents are filed; checks are made out to the Valencia County Clerk.
Departments
- County Clerk1-505-866-2073
About the court
- Contested or formal probate, guardianships and conservatorships go to the Thirteenth Judicial District Court, 1835 Highway 314 SW, Los Lunas, NM 87031 (505-865-2400).
Verified October 16, 2026 · Source
How Probate Works in Valencia 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 Valencia County, probate runs through the Valencia County Probate Court at 444 Luna Avenue, Los Lunas. The court sits in the 13th Judicial District. Valencia County shares the 13th Judicial District with Cibola and Sandoval.
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 Valencia County
What probate costs in Valencia 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 Valencia County Probate Court at 444 Luna Avenue, Los Lunas. The court is part of the 13th 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 Valencia County Probate Court
Probate cases in Valencia County are filed at the Valencia County Probate Court. File in person during business hours or by mail. The court sits in the 13th Judicial District.
Beside the filing office, the court lists a separate line for County Clerk.
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 Valencia County Self-Filing Assessment.
Valencia 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
Before filing, the applicant asks the district court at 505-865-4639 whether a demand for notice has been filed on the decedent.
SourceWhat to Bring
Filed with the opening petition at the Valencia 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 Valencia County
In Valencia 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
Valencia County · State vital records office
Phone
Hours
Office
Website
Certified copies
Certified copy fees
| First certified copy | $5 |
Verified October 15, 2026 · Source
Coroner or Medical Examiner Record
State Medical Examiner
Valencia County · Office of the Medical Investigator
Phone
Hours
Office
Website
Serves this county
Release of remains
Mail and offices
Verified November 3, 2026 · Source
Transferring Property in Valencia 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 Valencia County are recorded with the County Clerk at 444 Luna Avenue, Los Lunas, NM 87031. Phone: 1-505-866-2073. Hours: Monday-Friday 8:00 AM-4:30 PM.
Documents submitted by mail go to P.O. Box 969, Los Lunas, NM 87031.
The County Clerk charges $25 flat, regardless of page count.
Valencia County accepts electronic recording through Simplifile.
Recording Office Record
County Clerk
Valencia County
Phone
Hours
Office
Website
E-recording
Fax
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 Valencia County
New Mexico allows informal probate, so many families settle straightforward estates in Valencia 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 Valencia County firm to quote a structure up front.
A probate attorney files the petition with the Valencia 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 Bernalillo County families from downtown Albuquerque. Handles estate planning, wills and trusts, probate, and trust litigation, alongside the tax questions that surface when an estate is settled. Gerald E. Bischoff has practiced in Albuquerque since 1977.
Tom Brown began the practice of law in 1986 and has throughout his 32+ year career focused on legal matters related to trusts and estates, wills, estate planning, probate and trust administration.
A second-generation Albuquerque firm serving Bernalillo County and the surrounding metro. Handles estate planning, wills and trusts, probate, and the tax questions that come with them, with a practice concentrated in trusts and estates for more than 46 years.
Albuquerque firm serving Bernalillo County and clients across New Mexico since 1959. Its commercial section handles wills, estate planning, and probate, backed by a large civil-litigation bench when an estate turns contested.
Serves Bernalillo County and clients across New Mexico from Albuquerque. Handles estate and trust administration, probate, guardianships and conservatorships, and fiduciary litigation, including tax and estate disputes between beneficiaries and personal representatives.
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
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- 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
- Valencia County Probate Court, official page
- Valencia County Clerk, official page
- Valencia 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.
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.
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.
Hire a New Mexico Probate Attorney
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