Probate cost in New Mexico
In New Mexico, estates up to $50,000 can often skip full probate. For a $300,000 estate, the court fee is $30.
New Mexico's small estate limit is $50,000. Above it, the estate usually goes through probate.
- Court fee to open probate source$30
- Attorney feeNo legal schedule: set by agreement or the courtset by agreement
- Executor feeNo legal schedule: set by agreement or the courtset by agreement
Probate total$30+
The total leaves out the costs shown without a number.
- Quicken WillMaker & Trust Plus sourceOne-time price for one person$149
- Yearly feeoptional yearly renewal$40
- Moving a home into the trustSet by your county recordercounty recording fee
Trust total$149+
Assets left outside the trust can still need probate.
Probate cost by estate size
| Estate value | Court fee | Attorney (law) | Executor (law) | Total |
|---|---|---|---|---|
| $100,000 | $30 | not set by law | not set by law | $30+ |
| $250,000 | $30 | not set by law | not set by law | $30+ |
| $500,000 | $30 | not set by law | not set by law | $30+ |
| $1,000,000 | $30 | not set by law | not set by law | $30+ |
"Not set by law" means the fee is agreed with the lawyer or set by the court, so it is not in the total. Use your own numbers.
The rules in New Mexico
- Small estate limit: $50,000 (Affidavit of successor in interest (collection of personal property by affidavit), NMSA 1978 Section 45-3-1201). Does not cover real estate. Heirs wait 30 days after the death. Read in the NM courts self-help guide (footer dated July 2016): total estate worth less than $50,000, no real property, at least 30 days after death, no probate filed. The same guide confirms a separate Affidavit of Surviving Spouse (NMSA 45-3-1205) that transfers the primary residence to the spouse 6 months after death if its assessed value is not more than $500,000. Statute text itself not read. Source
- Simplified probate: Summary closing with verified small estate closing statement (NMSA 45-3-1203, 45-3-1204). Source
- Court fee: $30 for a $300,000 estate. The NM courts self-help guide states the cost to file probate in Probate Court is $30. Confirmed as still current in the Santa Fe County Clerk probate packet revised 05.01.2026 (Probate Filing Fee $30.00): Informal probate in the county Probate Court is the common route; cases sent to District Court pay district court fees (not collected). The statute that sets the $30 was not read. Source
- Attorney fee: No legal schedule: set by agreement or the court. Uniform Probate Code state (NMSA 45-3-719, 45-3-720, 45-3-721). Not verified against official text.
- Executor fee: No legal schedule: set by agreement or the court. Uniform Probate Code state: personal representative gets reasonable compensation (NMSA 45-3-719). Not verified against official text.
Some New Mexico rules could not be checked on a current official page. Each rule links to the source we used. Confirm with the court or a lawyer before you rely on it.
General information from official state sources, not legal advice.