New Mexico Small Estate Affidavit Checker

$50,000, personal property only, no court needed

Confirmed current: under NMSA §45-3-1201, a successor can collect personal property 30 days after death when the entire estate, wherever located and less liens, doesn't exceed $50,000 — no court filing at all, presented directly to banks and other institutions. Real property is excluded.

A separate, much larger affidavit for the spousal home

A genuinely distinctive exception exists just for a community-property residence: if the home is community property valued at $500,000 or less (for property tax purposes), the surviving spouse can transfer it using a special affidavit after a 6-month waiting period — avoiding formal probate for the residence entirely.

Separate property or a bigger house needs a different path

If the home is separate property, or exceeds the $500,000 threshold, probate or a trust is needed instead — the special spousal affidavit only reaches a specific, qualifying category of property.

Community property already cuts the estate in half

Only the deceased spouse's half of community property passes through their estate — the surviving spouse's half is already theirs by law. This frequently cuts the probate estate in half or more for married couples before any threshold even comes into play.

A TOD deed skips the entire question

Under NMSA §45-6-405, a recorded Transfer on Death deed lets real property pass directly to a named beneficiary at death, entirely outside of probate — whether or not the community property affidavit would otherwise apply.

New Mexico small estate — frequently asked questions

What is New Mexico's general small estate affidavit threshold?

$50,000, measured against the entire estate wherever located, less liens and encumbrances, under NMSA §45-3-1201 — available 30 days after death, personal property only, with no court filing required.

Is there a separate affidavit specifically for a surviving spouse's home?

Yes — a surviving spouse can transfer the community property principal residence through a special affidavit if the property is valued at $500,000 or less, after a 6-month waiting period.

What happens if the home is separate property, not community property?

That special affidavit doesn't apply — if the home is separate property or exceeds the $500,000 threshold, probate or a trust is needed instead.

Does New Mexico recognize Transfer on Death deeds?

Yes — under NMSA §45-6-405, real property can pass directly to a named beneficiary at death without probate.

How does community property change what actually needs to pass through probate?

Only the deceased spouse's half of community property passes through the estate — the surviving spouse's half is already theirs by law, which frequently cuts the probate estate in half or more for married couples.

This calculator provides an estimate for general guidance only and is not legal advice. Figures are based on NMSA §45-3-1201 and NMSA §45-3-1205 (Affidavit of Surviving Spouse). Actual eligibility depends on the estate's full facts. Confirm with the Probate Court or a licensed New Mexico attorney before acting.