The figures on this page are general estimates. Laws, fees, thresholds, and prices differ by state and change often, and your own situation may change the result. Before you act, confirm the current numbers and rules for New Mexico with a licensed professional — an attorney, tax advisor, or licensed agent as appropriate. Reading this page does not create a professional relationship.
This page is built to print. Use your browser's Print command and choose "Save as PDF" for a one-page New Mexico reference. Every figure below is compiled from the statutes and state authorities listed at the bottom — the same sources cited on our New Mexico probate pages.
New Mexico probate fees
| Item | New Mexico |
|---|---|
| Court filing fee | About $30 to file informal probate in the county Probate Court; roughly $132 to open a formal case in District Court. |
| Attorney fees | Not statutory. Attorneys typically charge a flat fee (about $1,500–$3,500 for a routine informal estate) or hourly. The fee must be reasonable. |
| Executor / personal representative fees | NMSA §45-3-719 entitles the personal representative to 'reasonable compensation.' There is no percentage schedule, and family representatives commonly waive the fee. |
| Fee basis | reasonable |
| Appraisal / referee | Not used. New Mexico does not appoint a state appraiser, though the personal representative must prepare an inventory and appraisal within three months (NMSA §45-3-706). |
Worked example
On a $400,000 New Mexico estate, a personal representative doing routine work might reasonably be paid a few percent of the estate — on the order of $8,000 to $16,000 — but there is no fixed formula, so an unusually simple or unusually complex estate could justify less or more. The estate's attorney is compensated separately.
New Mexico thresholds and deadlines
| Item | New Mexico |
|---|---|
| Small-estate threshold | Estates of $50,000 or less in personal property can be collected by affidavit 30 days after death under NMSA §45-3-1201. A surviving spouse can also transfer the community-property residence (valued up to $500,000 for tax purposes) by affidavit under §45-3-1205. |
| Creditor claim period | Four months after the first published notice to creditors under NMSA §45-3-801, subject to an ultimate one-year-from-death bar under §45-3-803. |
| Typical duration | About 6 months for a routine informal case, since the estate stays open through the creditor-claim period. |
| Simplified real-property transfer | A surviving spouse may transfer the couple's community-property principal residence by recorded affidavit under NMSA §45-3-1205, without full probate, six months after death. |
| Transfer-on-death deed | New Mexico allows a Transfer on Death Deed under the Uniform Real Property Transfer on Death Act, NMSA §45-6-401 et seq. Owners can record a TOD deed naming a beneficiary; the property passes to the beneficiary at death without probate. |
What passes outside New Mexico probate
These transfers are not part of the estate the fees above are calculated on:
- Beneficiary designations — retirement accounts, life insurance, payable-on-death accounts.
- Joint ownership with right of survivorship.
- Transfer-on-death deed — New Mexico allows a Transfer on Death Deed under the Uniform Real Property Transfer on Death Act, NMSA §45-6-401 et seq. Owners can record a TOD deed naming a beneficiary; the property passes to the beneficiary at death without probate.
- Assets titled into a funded living trust.
Sources for this sheet
- Statutes: NMSA §45-3-719; NMSA §45-3-801; NMSA §45-3-803; NMSA §45-3-1201; NMSA §45-3-1205; NMSA §45-6-401
- State authority: New Mexico Statutes, Chapter 45 Uniform Probate Code (nmonesource.com)
- Executor fees: https://law.justia.com/codes/new-mexico/chapter-45/article-3/part-7/section-45-3-719/
- Creditor claim period: https://codes.findlaw.com/nm/chapter-45-uniform-probate-code/nm-st-sect-45-3-801/
- Transfer-on-death deed: https://law.justia.com/codes/new-mexico/chapter-45/article-6/part-4/
Compiled August 15, 2026 from the sources listed above. Fee schedules, thresholds, and court costs are amended by legislatures and courts — confirm each figure against the cited statute or the New Mexico court before relying on it.
The full New Mexico guides
-
How Much Does Probate Cost in New Mexico? — the full cost breakdown.
-
How Much Does an Executor Get Paid in New Mexico? — the fee rule in detail.
-
How Long Does Probate Take in New Mexico? — the timeline and its statutory floor.
-
How to Avoid Probate in New Mexico — the transfers that pass outside it.
-
How Much Does a Will Cost in New Mexico? — execution requirements and pricing.
Fee sheets for other states
California · Texas · Florida · New York · Pennsylvania · Illinois · Ohio · Georgia · North Carolina · Michigan · Connecticut · Arkansas · Indiana · Oklahoma · Oregon · New Jersey · Washington · Arizona · Colorado · Massachusetts · Maryland · Minnesota · Missouri · Alabama · Alaska · Delaware · Hawaii · Idaho · Iowa · Kansas · Kentucky · Louisiana · Maine · Mississippi · Montana · Nebraska · Nevada · New Hampshire · North Dakota · Rhode Island · South Carolina · South Dakota · Tennessee · Utah · Vermont · Virginia · West Virginia · Wisconsin · Wyoming
This sheet sets out New Mexico probate figures as published at the time of compilation. It is not legal advice. Figures and statutes change and their application depends on the specific estate. Confirm current figures with the New Mexico courts or a licensed New Mexico attorney.