How Do I Get Appointed as Executor in New Mexico?
In New Mexico, the County Probate Court appoints the personal representative and the Clerk of the Probate Court issues Letters Testamentary or Letters of Administration; an informal (registrar) track 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.
New Mexico has no single statewide fill-in petition; the opening document is prepared to statute and filed with the County Probate CourtNMSA 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. Clerk of the Probate Court issues Letters Testamentary or Letters of Administration after the court grants the petition.
Along with the petition, New Mexico generally requires: 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.
New Mexico does not require a bond by default before Letters issueNMSA 1978, §§ 45-3-603 (bond requirements), 45-3-605 (demand for bond by interested person)Verified Aug 24, 2026View source, though the court can order one.
New Mexico permits a self-represented person to open an estateNMSA 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. E-filing is attorneys onlyNMSA 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. The New Mexico self-file probate assessment sets self-filing against attorney costs.
Yes. A revocable living trust passes its assets to the beneficiaries without a court appointment in New Mexico: no petition, no Letters, no bond. A revocable trust built with SimplyTrust takes about fifteen minutes.
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Forms for Settling an Estate in New Mexico
Free forms for settling an estate in New Mexico: the probate petition, small estate affidavit, notice to creditors, inventory, and closing forms.
Notice to Creditors
In New Mexico, creditors have 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 from first publication to present claims.
Renunciation of Executor
In New Mexico, a person named as personal representative may renounce the right to serveNMSA 1978, § 45-3-203(C)Verified Sep 23, 2026View source before anyone is appointed.
Small Estate Affidavit
In New Mexico, the Small Estate Affidavit§ 45-3-1201Verified Sep 8, 2026View source covers estates valued at $50,000§ 45-3-1201Verified Sep 8, 2026View source or less, 30 days§ 45-3-1201Verified Sep 8, 2026View source after death, presented directly to the bank or other holder, not filed with a court.
Estate Inventory
In New Mexico, the personal representative files the estate inventory within 90 daysNMSA § 45-3-706Verified Sep 15, 2026View source of appointment.
Estate Closing
In New Mexico, the personal representative is discharged automatically once the statutory period runsNMSA § 45-3-1003(B); § 45-3-1005Verified Sep 15, 2026View source, and a final accounting is required.
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 inheritance taxes.
How Much Can an Executor Charge?
New Mexico pays executors reasonable compensationNMSA § 45-3-719 (reasonable compensation; no statutory percentage); § 45-3-721 (court review of reasonableness)Verified Sep 8, 2026View source, typically 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 the estate.
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.
What Are the Creditor Claim Deadlines?
In New Mexico, creditors have 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 from first publication of the creditor notice to present claims; late claims are barred.
What Happens When an Estate Is Insolvent?
When an estate owes more than it holds, New Mexico pays the claims in 6NMSA § 45-3-805(A)Verified Sep 23, 2026View source classes in statutory order, beginning with costs and expenses of administration.
How Do I Open an Estate Account When Someone Dies?
Compare estate-account opening requirements bank by bank: channels, required documents, and steps.
What Is the Estate's Personal Property Worth for Probate?
Estimate the fair market value of household items for probate and see how it affects fees.
How Much Does Probate Cost?
Probate on a $500,000 estate in New Mexico costs an estimated $24,985NMSA § 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. Attorney fees run 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 under a reasonable-compensation standard.
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New Mexico Estate Settlement Resources
In-depth guides covering New Mexico probate, estate administration, and settling an estate.