How Do I File Taxes for a Deceased Person in New Mexico?

New Mexico requires a final state income tax return for the decedent alongside the federal Form 1040; a federal estate tax return (Form 706) is required only for estates above $15,000,000.

State

Approximate Estate Value

Estate Earns Income

YesNo

Date of Death

Two returns are due.

IRS Form 1040 and PIT-1 (New Mexico Personal Income Tax Return).

Federal

Final income tax return

A final federal income tax return is required for income earned from January 1 through the date of death.

Form: IRS Form 1040
Due: April 15 following year of death

Write "DECEASED," the decedent's name, and the date of death across the top of the return. If filing jointly with a surviving spouse, include both incomes. Attach Form 1310 to claim a refund, unless you are the surviving spouse filing a joint return or a court-appointed personal representative attaching a copy of the court certificate to the original return.

IRS Form 1040 File online

New Mexico

Final income tax return

A final state return is required for income earned through the date of death.

Form: PIT-1 (New Mexico Personal Income Tax Return)
Due: the same day as the decedent's federal income tax return

The decedent's spouse or personal representative files the final PIT-1.

PIT-1 (New Mexico Personal Income Tax Return)File online

Tax clearance

No tax clearance is required in New Mexico

New Mexico does not require a state tax clearance certificate before an estate distributes.

Form: RPD-41058 (New Mexico Estate Tax Return — only where a federal Form 706 is required)

New Mexico tax clearance

Not required

Federal estate income tax return: IRS Form 1041 is only required if the estate earns $600 in gross income or more during administration.
Federal estate tax return: The estate value ($0) is below the federal exemption of $15,000,000. IRS Form 706 is generally not required.
New Mexico estate income tax return: A fiduciary return is only required if the estate earns income above the filing threshold (Derivative of the federal filing requirement, not a New Mexico dollar test: TRD states "Every fiduciary who must file a federal Fiduciary Income Tax Return (federal Form 1041) also files a FID-1" — i.e., the trigger is the federal Form 1041 obligation (which federal law, IRC § 6012(a)(3), imposes on an estate with $600+ of gross income), applied to an estate/trust that is a New Mexico resident or has New Mexico-source income. Exception: a fiduciary of a grantor trust that files federal Form 1041 under Treas. Reg. § 1.671-4(a) is not required to file FID-1. Statutory hook: N.M. Stat. Ann. § 7-2-12 (filing required of anyone "required by the laws of the United States to file a federal income tax return").).

General information about tax filing requirements after a death, not tax or legal advice. Consult a licensed tax professional for tax questions. Data verified Sep 15, 2026

At minimum, a final federal income tax return (Form 1040) for income earned through the date of death, and New Mexico requires a final state income tax return (PIT-1) as well. If the estate earns income during administration, a federal fiduciary return (Form 1041) and a New Mexico fiduciary return (FID-1) may also be required.

The final federal income tax return is due April 15 following year of death. The final New Mexico return is due the same day as the decedent's federal income tax return. The New Mexico fiduciary return is due the same day as the required federal return.

No. New Mexico does not require a state tax clearance certificate before an estate distributes. Every tax obligation is still settled before the final distribution.

No. No New Mexico estate or inheritance tax is payable for a death today: the state keeps death-tax provisions on its books that are inoperative for current deaths, so nothing is due. The tax filings after a death are the income tax returns (the final return and, where the estate earns income, the estate income tax return). Only the federal estate tax applies, and only to an estate above $15,000,000.

Yes. Estate size does not change the final income tax return: a final Form 1040 is filed whatever the estate is worth if the decedent had income. What a smaller estate avoids is the federal estate tax return (Form 706), due 9 months after date of death (6-month extension available) and required only above $15,000,000.

Tax Filing After Death in New Mexico

After a death in New Mexico, both federal and state tax returns must be filed. A final income tax return covers the deceased's income through the date of death, and a separate fiduciary return may be needed if the estate earns income during administration. A federal estate tax return (Form 706) is required only for estates above the federal exemption of $15,000,000.

New Mexico currently collects no state estate or inheritance tax; the death-tax statutes still on its books compute to zero for current deaths. Tax filing after death focuses on income tax obligations — the final return and, where the estate earns income, a fiduciary return.

Filing deadlines depend on the type of return. The final New Mexico income tax return is due the same day as the decedent's federal income tax return. The New Mexico estate settlement plan tracks all deadlines in order.

SimplyTrust Editorial·Updated September 20, 2026

Legal Sources

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

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