New Mexico Probate Filing Fees & Court Costs

The court costs to open and run probate in New Mexico — filing fees, the small estate affidavit, publication, and bond.

New Mexico Probate Courts FigureMyTax Editorial Team

Quick answer: Opening an estate in New Mexico costs a filing fee that starts around $132 for the probate petition. The small estate affidavit needs no full probate filing at all. Publication and bond are extra. See the full picture in the New Mexico probate cost calculator.

Probate Court fees

ItemApprox. fee
Probate petition (informal)~$132+
Small estate affidavitNot filed as a full probate case
Certified copiesA few dollars each

Confirm the exact fee with your county Probate Court, since additional filings can add to the total.

Other administration costs

  • Publication to creditors — newspaper notice once a week for three consecutive weeks, opening a 4-month claim window from first publication (~$100–$200); mailed notice to a known creditor extends that creditor's deadline to 60 days after mailing if later.
  • Bond — generally not required in informal probate unless requested by an interested party or the will requires it.
  • Appraisal — if real estate or a business must be valued.
  • Personal representative & attorney fees — the real variables, both reasonable amounts under §§ 45-3-719 and 45-3-715(21).
Not the big cost: the filing fee is small next to the personal representative and attorney fees. New Mexico has no estate or inheritance tax, so there's no death-tax layer.

Ways to keep court costs down

  • Small estate affidavit — entire estate up to $50,000 net, personal property only (NMSA § 45-3-1201).
  • Informal probate — the default UPC track, minimal court involvement.
  • Ask the Probate Court for the current fee schedule so you budget the exact amount.
Facing probate in New Mexico?

A local probate attorney can review your estate — many offer a free consultation.

Talk to a New Mexico attorney

Estimate for general guidance only, not legal advice. New Mexico probate filing fees start around $132 for the petition; publication and bond are extra. The larger costs are the personal representative and attorney fees (NMSA ยงยง 45-3-719, 45-3-715(21)), both reasonable amounts with no fixed percentage. Confirm current figures with the Probate Court for your county.