Probate in New Mexico
New Mexico probate is administered in the District Court of the county where the deceased resided. New Mexico follows the Uniform Probate Code and allows informal (unsupervised) administration in most cases. Informal administration significantly reduces court oversight and is available for most uncontested estates.
New Mexico probate typically takes 6–12 months.
Simplified estate procedures
New Mexico allows a small estate affidavit for personal property of $50,000 or less, available 30 days after death. New Mexico also has simplified procedures for surviving spouses regarding community property.
New Mexico authorizes transfer on death deeds for real property.
Death certificates
New Mexico death certificates are issued by the New Mexico Department of Health (NMDOH) Bureau of Vital Records and Health Statistics. The cost is $10 per certified copy. Order through NMDOH or VitalChek.
Order at least 10–12 certified copies when the funeral home files the initial certificate.
Estate and inheritance tax
- State estate tax: New Mexico has no state estate tax and no inheritance tax.
The federal estate tax applies only to estates above $13.61 million (2024 threshold).
Community property state
New Mexico is a community property state. Property acquired during marriage is generally owned equally by both spouses. At death, the deceased's half of community property is distributed according to the will or intestacy law; the surviving spouse retains their half. New Mexico also allows community property with right of survivorship.
Notable rules
- Community property with survivorship: New Mexico allows spouses to hold property as community property with right of survivorship, passing the entire property to the surviving spouse automatically without probate.
- Creditor claim period: 3 months from the date of first publication of notice to creditors.
- Transfer on death deed: New Mexico allows transfer on death deeds for real property.
- No estate tax: New Mexico has no estate or inheritance tax.
Key contacts
- New Mexico vital records: nmhealth.org/about/erd/bvrhs
- New Mexico Courts probate: nmcourts.gov
- State Bar of New Mexico lawyer referral: nmbar.org