New Mexico Real Estate Sale: Costs & Commission Explained

A $30 filing fee opens the door — and a genuinely short creditor window helps keep the whole timeline compact.

NMSA §34-7-14, 45-3-801

Quick answer: the ordinary 5-6% realtor commission applies as usual, plus a reasonable personal representative fee with no fixed percentage — on top of one of the lowest court filing fees in the country. See how this plays out for your own numbers in the New Mexico probate real estate sale calculator.

Reasonable compensation, no percentage table

Worth knowing: New Mexico personal representatives are entitled to reasonable compensation, with no statutory percentage schedule set by the Uniform Probate Code — the amount depends on the estate's actual complexity.

A remarkably low filing fee to open the case

The county Probate Court charges a flat $30 filing fee under NMSA 1978, §34-7-14 for informal, uncontested probate — one of the lowest court filing fees among the states covered here.

Contested matters cost more, at a different court

Formal proceedings, contested matters, and supervised administration move to the District Court instead, which involves more court oversight and typically higher costs than the informal county Probate Court track.

One of the shortest creditor windows anywhere

Creditors must present claims within 2 months after the first publication of notice, or 60 days after written notice is mailed or delivered, whichever is later — a genuinely tight timeline that helps keep the overall process compact.

Facing probate in New Mexico?

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

Talk to a New Mexico attorney

The $30 filing fee and reasonableness standard apply the same way whether the estate is administered in Bernalillo County, Santa Fe County, or any other New Mexico county.

Sale costs and commission — frequently asked questions

Is there a fixed percentage for a New Mexico personal representative's fee?

No — New Mexico personal representatives are entitled to reasonable compensation, with no statutory percentage schedule set by the Uniform Probate Code.

How much does the county Probate Court charge to open a case?

A flat $30 filing fee under NMSA 1978, Section 34-7-14 for informal, uncontested probate through the county Probate Court — one of the lowest filing fees among states covered here.

Does formal or contested probate cost more?

Yes — formal proceedings, contested matters, and supervised administration move to the District Court, which involves more court oversight and typically higher costs than the informal county Probate Court track.

How short is New Mexico's creditor claim period compared to other states?

Creditors must present claims within 2 months after the first publication of notice, or 60 days after written notice is mailed or delivered, whichever is later — among the shortest creditor windows in the country.

What does it cost to sell real estate during probate in New Mexico?

The ordinary 5-6% realtor commission applies as usual, plus a reasonable personal representative fee with no fixed percentage — on top of one of the lowest court filing fees in the country.

This page provides general guidance only and is not legal, tax, or financial advice. Based on NMSA §34-7-14, 45-3-801 to 45-3-803. Confirm current figures with a licensed New Mexico attorney or real estate professional before acting.