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Home→Tools→Personal Property Value Estimator→New Mexico

What Are My Personal Items Worth for Probate in New Mexico?

Estimate the fair market value of household items for probate in New Mexico. See how reporting accurate values instead of purchase prices affects your probate fees.

Frequently Asked Questions

Personal property in New Mexico is valued at fair market value — what the item would sell for on the open market, not the original purchase price.NMSA § 45-3-1201 (small estate $50K/30d; reverified 2026-06-11 against 2025 NM Statutes and SSA POMS GN 02315.069 — value of entire estate less liens/encumbrances must not exceed $50,000, 30 days elapsed, no PR appointed, may not perfect title to real estate; $50K threshold set by 2011 amendment eff. 1/1/2012, no later amendment found); NM Supreme Court form 4B-501 / NMSA §§ 45-3-801 to 45-3-803 (claims barred 4 months after first publication or 60 days after mailed written notice, whichever is later); NMSA § 45-3-719 (PR reasonable compensation); NMSA § 45-3-715(A)(21) and § 45-3-720 (attorney employment/compensation and estate-litigation fees); NMSA § 45-3-603/45-3-605 (bond not required in informal probate absent demand); NMSA § 45-3-706 (inventory within 3 months); NMSA § 34-7-14 ($30 probate court docket fee, repealed/reenacted by Laws 2023 ch. 44 § 11 eff. 7/1/2023, fee unchanged); $132 district court probate filing fee (NM judicial district fee schedules, nmcourts.gov, 2026-06-11); NMSA § 45-3-1205 (surviving-spouse homestead transfer affidavit, 6-month wait, $500K assessed-value cap)Verified Jun 11, 2026 Most household items (furniture, electronics, clothing) lose 50-90% of their value. Professional appraisals are used for art, collectibles, jewelry, and other high-value items.

Yes. New Mexico probate fees are typically 2-4% of the estate value, which includes personal property.NMSA § 45-3-1201 (small estate $50K/30d; reverified 2026-06-11 against 2025 NM Statutes and SSA POMS GN 02315.069 — value of entire estate less liens/encumbrances must not exceed $50,000, 30 days elapsed, no PR appointed, may not perfect title to real estate; $50K threshold set by 2011 amendment eff. 1/1/2012, no later amendment found); NM Supreme Court form 4B-501 / NMSA §§ 45-3-801 to 45-3-803 (claims barred 4 months after first publication or 60 days after mailed written notice, whichever is later); NMSA § 45-3-719 (PR reasonable compensation); NMSA § 45-3-715(A)(21) and § 45-3-720 (attorney employment/compensation and estate-litigation fees); NMSA § 45-3-603/45-3-605 (bond not required in informal probate absent demand); NMSA § 45-3-706 (inventory within 3 months); NMSA § 34-7-14 ($30 probate court docket fee, repealed/reenacted by Laws 2023 ch. 44 § 11 eff. 7/1/2023, fee unchanged); $132 district court probate filing fee (NM judicial district fee schedules, nmcourts.gov, 2026-06-11); NMSA § 45-3-1205 (surviving-spouse homestead transfer affidavit, 6-month wait, $500K assessed-value cap)Verified Jun 11, 2026 Accurate fair market valuations — rather than purchase prices — keep the reported estate value lower. Use the New Mexico probate calculator to estimate total costs.

Estates with personal property under $50,000 in New Mexico may qualify for Small Estate Affidavit, which avoids full probate.NMSA § 45-3-1201 (small estate $50K/30d; reverified 2026-06-11 against 2025 NM Statutes and SSA POMS GN 02315.069 — value of entire estate less liens/encumbrances must not exceed $50,000, 30 days elapsed, no PR appointed, may not perfect title to real estate; $50K threshold set by 2011 amendment eff. 1/1/2012, no later amendment found); NM Supreme Court form 4B-501 / NMSA §§ 45-3-801 to 45-3-803 (claims barred 4 months after first publication or 60 days after mailed written notice, whichever is later); NMSA § 45-3-719 (PR reasonable compensation); NMSA § 45-3-715(A)(21) and § 45-3-720 (attorney employment/compensation and estate-litigation fees); NMSA § 45-3-603/45-3-605 (bond not required in informal probate absent demand); NMSA § 45-3-706 (inventory within 3 months); NMSA § 34-7-14 ($30 probate court docket fee, repealed/reenacted by Laws 2023 ch. 44 § 11 eff. 7/1/2023, fee unchanged); $132 district court probate filing fee (NM judicial district fee schedules, nmcourts.gov, 2026-06-11); NMSA § 45-3-1205 (surviving-spouse homestead transfer affidavit, 6-month wait, $500K assessed-value cap)Verified Jun 11, 2026 Accurate valuation at fair market value can determine whether the estate falls below this threshold. Check eligibility with the New Mexico probate need checker.

High-value items such as art, antiques, jewelry, and collectibles typically require professional appraisals. For typical household items — furniture, electronics, appliances, clothing — fair market value can be estimated using comparable sales data. New Mexico probate courts require the executor to file an inventory with values for all personal property.NMSA § 45-3-1201 (small estate $50K/30d; reverified 2026-06-11 against 2025 NM Statutes and SSA POMS GN 02315.069 — value of entire estate less liens/encumbrances must not exceed $50,000, 30 days elapsed, no PR appointed, may not perfect title to real estate; $50K threshold set by 2011 amendment eff. 1/1/2012, no later amendment found); NM Supreme Court form 4B-501 / NMSA §§ 45-3-801 to 45-3-803 (claims barred 4 months after first publication or 60 days after mailed written notice, whichever is later); NMSA § 45-3-719 (PR reasonable compensation); NMSA § 45-3-715(A)(21) and § 45-3-720 (attorney employment/compensation and estate-litigation fees); NMSA § 45-3-603/45-3-605 (bond not required in informal probate absent demand); NMSA § 45-3-706 (inventory within 3 months); NMSA § 34-7-14 ($30 probate court docket fee, repealed/reenacted by Laws 2023 ch. 44 § 11 eff. 7/1/2023, fee unchanged); $132 district court probate filing fee (NM judicial district fee schedules, nmcourts.gov, 2026-06-11); NMSA § 45-3-1205 (surviving-spouse homestead transfer affidavit, 6-month wait, $500K assessed-value cap)Verified Jun 11, 2026

Total probate costs in New Mexico include attorney fees, executor fees, court filing fees, and publication costs. Personal property value is one component of the gross estate that determines fee calculations. The New Mexico probate calculator provides a complete cost breakdown.

Not necessarily. Items with named beneficiaries (life insurance, retirement accounts), jointly held property, and assets in a trust bypass probate. Only personal property owned solely by the deceased passes through probate in New Mexico. The New Mexico probate need checker determines which assets require probate.

Personal Property Valuation in New Mexico

Probate attorney fees in New Mexico typically range from 2%NMSA § 45-3-715(A)(21) (PR may employ attorneys and compensate them as admin expense); § 45-3-720 (expenses in estate litigation, incl. reasonable attorney fees); no statutory percentageVerified Jun 11, 2026 to 4%NMSA § 45-3-715(A)(21) (PR may employ attorneys and compensate them as admin expense); § 45-3-720 (expenses in estate litigation, incl. reasonable attorney fees); no statutory percentageVerified Jun 11, 2026 of the estate value. Personal property is part of that calculation, so reporting items at fair market value rather than original cost keeps the total lower.

New Mexico allows simplified procedures for estates under $50,000NMSA § 45-3-1201Verified Jun 11, 2026. Fair market valuations of household items — which are typically far below purchase prices — can bring an estate under the threshold. The New Mexico probate need checker evaluates eligibility.

Court filing fees in New Mexico start at $132NMSA 1978, § 34-6-40; NMSA 1978, §§ 34-6-44, 34-6-45Verified Jun 11, 2026. Combined with attorney fees, executor compensation, and publication costs, total probate expenses depend heavily on the reported estate value. The New Mexico probate calculator provides a complete cost breakdown.

SimplyTrustSimplyTrust Editorial·Updated June 11, 2026

Legal Sources

  • NMSA § 45-3-1201
  • NMSA § 45-3-715(A)(21) (PR may employ attorneys and compensate them as admin expense); § 45-3-720 (expenses in estate litigation, incl. reasonable attorney fees); no statutory percentage
  • NMSA 1978, § 34-6-40; NMSA 1978, §§ 34-6-44, 34-6-45

Data sourced from New Mexico statutes and official state code. How we research.

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New Mexico Estate Planning Resources

In-depth guides covering New Mexico probate laws, trust requirements, and estate planning strategies.

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These estimates are based on general resale market data and insurance industry depreciation guides. They are approximations, not professional appraisals. Fair market value is what a willing buyer would pay on the open market. For high-value items or contested estates, consult a certified appraiser.

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