What Is the Estate's Personal Property Worth for Probate in New Mexico?

Estimate the fair market value of household items for the New Mexico estate inventory — what furniture, electronics, and appliances would sell for today, not what was paid.

Beyond personal items? Track every account, property, and asset.

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.Official NMSA 1978 text, Chapter 45 (Uniform Probate Code), New Mexico Compilation Commission via NMOneSource, fetched 2026-07-14: § 45-1-101 (UPC short title); §§ 45-3-301, 45-3-302, 45-3-303, 45-3-306, 45-3-307 (informal probate and informal appointment by the probate or district court, no hearing — § 45-1-307, the registrar/probate-court-powers section, was repealed by Laws 2023, ch. 44, § 16); §§ 45-3-603, 45-3-605 (no bond in informal proceedings; will may relieve bond; bond on demand by an interested person over $7,500); § 45-3-704 (PR proceeds without adjudication, order or direction of the district court unless supervised); §§ 45-3-706, 45-3-707 (PR-prepared inventory within three months; appraisers permissive — no probate referee); §§ 45-3-715(A)(21), 45-3-720, 45-3-721 (employment of attorneys, estate-litigation fees, court review of the reasonableness of compensation — no statutory percentage); § 45-3-719 (PR entitled to reasonable compensation); § 45-3-801 (four months from first publication, or sixty days from mailed notice, whichever is later; repealed and reenacted by Laws 2016, ch. 69, § 715); § 45-3-803 (claims barred at the earlier of one year after death or the § 45-3-801 periods); § 45-3-1201 (small estate affidavit — $50,000 on the entire estate less liens and encumbrances, thirty days, may not perfect title to real estate; History ends at Laws 2011, ch. 124, § 50, eff. 1/1/2012); § 45-3-1205 (surviving-spouse homestead affidavit — six months, $500,000 assessed value). Enacted-act cross-checks at nmlegis.gov: Laws 2011, ch. 124 (SB 146) and Laws 2016, ch. 69 (SB 155). Corroborated by NM Supreme Court approved forms 4B-302 / 4B-304 (informal probate application and order) and 4B-501 (notice to creditors — four months from first publication or sixty days from mailing, whichever is later), nmcourts.gov. Court fees: NMSA § 34-7-14 ($30 probate court filing fee per case); § 34-6-40(A) ($117 district court civil docketing fee) plus § 34-6-45(A) ($15 ADR fee) = the $132 published district court civil filing fee.Verified Jul 14, 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.

No. Executors in New Mexico can typically group low-value household goods into a single line on the inventory — for example, "household furnishings and personal effects" — while valuable items such as jewelry, art, and collectibles are listed individually. Each value reflects fair market value as of the date of death.

In New Mexico, the executor must file the estate inventory within 3 months of appointment. If assets are discovered later, New Mexico requires a supplemental inventory.NMSA § 45-3-706Verified Jul 14, 2026

Estates with personal property under $50,000 in New Mexico may qualify for Small Estate Affidavit, which avoids full probate.Official NMSA 1978 text, Chapter 45 (Uniform Probate Code), New Mexico Compilation Commission via NMOneSource, fetched 2026-07-14: § 45-1-101 (UPC short title); §§ 45-3-301, 45-3-302, 45-3-303, 45-3-306, 45-3-307 (informal probate and informal appointment by the probate or district court, no hearing — § 45-1-307, the registrar/probate-court-powers section, was repealed by Laws 2023, ch. 44, § 16); §§ 45-3-603, 45-3-605 (no bond in informal proceedings; will may relieve bond; bond on demand by an interested person over $7,500); § 45-3-704 (PR proceeds without adjudication, order or direction of the district court unless supervised); §§ 45-3-706, 45-3-707 (PR-prepared inventory within three months; appraisers permissive — no probate referee); §§ 45-3-715(A)(21), 45-3-720, 45-3-721 (employment of attorneys, estate-litigation fees, court review of the reasonableness of compensation — no statutory percentage); § 45-3-719 (PR entitled to reasonable compensation); § 45-3-801 (four months from first publication, or sixty days from mailed notice, whichever is later; repealed and reenacted by Laws 2016, ch. 69, § 715); § 45-3-803 (claims barred at the earlier of one year after death or the § 45-3-801 periods); § 45-3-1201 (small estate affidavit — $50,000 on the entire estate less liens and encumbrances, thirty days, may not perfect title to real estate; History ends at Laws 2011, ch. 124, § 50, eff. 1/1/2012); § 45-3-1205 (surviving-spouse homestead affidavit — six months, $500,000 assessed value). Enacted-act cross-checks at nmlegis.gov: Laws 2011, ch. 124 (SB 146) and Laws 2016, ch. 69 (SB 155). Corroborated by NM Supreme Court approved forms 4B-302 / 4B-304 (informal probate application and order) and 4B-501 (notice to creditors — four months from first publication or sixty days from mailing, whichever is later), nmcourts.gov. Court fees: NMSA § 34-7-14 ($30 probate court filing fee per case); § 34-6-40(A) ($117 district court civil docketing fee) plus § 34-6-45(A) ($15 ADR fee) = the $132 published district court civil filing fee.Verified Jul 14, 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, while typical household items — furniture, electronics, appliances, clothing — can be valued using comparable sales data. New Mexico lets the executor value most property without a formal appraisal, though valuable items still warrant a qualified appraiser.NMSA § 45-3-706Verified Jul 14, 2026

Once the inventory is filed, tangible personal property in New Mexico passes under any specific gifts in the will, then under the will's residuary clause. Without a will, it passes under New Mexico intestate succession. See who receives it with the New Mexico inheritance calculator.

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.

New Mexico Estate Planning Resources

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