Probate costs in New Mexico typically include attorney fees of 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, executor fees, court filing fees, and publication costs. On a $500,000 estate, total costs run about $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, roughly 5% of estate value, varying with complexity. Estimate executor compensation separately with the New Mexico executor fee calculator.
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.
The creditor claim period of 4 monthsNMSA §§ 45-3-801, 45-3-803, 45-3-806, 45-3-1006Verified Sep 15, 2026View source runs from the first publication of the creditor notice, which follows the executor's appointment. Distributing assets before the period has run can leave the executor personally liable for a claim that arrives later.
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. Courts consider the size and complexity of the estate, the time spent, and the executor's skill and experience. Executors can waive the fee entirely or accept a reduced amount.
In principle, yes: New Mexico allows a self-represented person to apply for lettersNMSA 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, but it has no standardized statewide probate form, so the opening petition is drafted as a formal 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. Most people in this position work with an attorney; the small-estate procedures remain simpler to handle independently.