Quick answer: New Mexico, like other Uniform Probate Code states, sets no fixed percentage for either the personal representative fee or the attorney fee — both are "reasonable" amounts the court can review. Reported fees often land in a rough 2%–4% market range each, plus a filing fee starting around $132. There's no death tax. Get your own estimate with the New Mexico probate cost calculator.
1. Personal representative fee — bare reasonable compensation
Because the fee isn't fixed by statute, any percentage shown in this guide (including our calculator's ~3% default) is an illustrative market-rate estimate, not a legal rate. A companion section, § 45-3-721, lets the court review a self-determined fee and order a refund of any excessive amount.
2. Attorney fee — also reasonable, also no schedule
3. Court cost & the tax picture
Illustrative worked totals
At an illustrative ~3% each for the personal representative and attorney (market pattern, not statutory):
| Estate value | PR fee (est.) | Attorney (est.) | Filing + pub. | Approx. total |
|---|---|---|---|---|
| $100,000 | $3,000 | $3,000 | $282 | ≈ $6,282 |
| $300,000 | $9,000 | $9,000 | $282 | ≈ $18,282 |
| $500,000 | $15,000 | $15,000 | $282 | ≈ $30,282 |
Filing + pub. = $132 filing + $150 publication. Personal representative and attorney figures are illustrative only — New Mexico sets no statutory percentage, and family representatives often waive their fee entirely. Run your own numbers in the calculator.
How to reduce New Mexico probate costs
- Use the small estate affidavit — entire estate up to $50,000 net (personal property only) (§ 45-3-1201).
- Use the surviving-spouse homestead affidavit for a community-property home (§ 45-3-1205).
- Personal representative waives the fee if a family member and beneficiary.
- A living trust or TOD deed keeps assets out of probate.