FigureMyTax

New Mexico Probate Timeline Calculator

New Mexico hands the personal representative a real choice most states don't: publish a notice to creditors and close in months, or skip it and the outer bar stretches to a full year.

Based on NMSA § 45-3-801 & 45-3-803 FigureMyTax Editorial Team Free · no sign-up

By the FigureMyTax Editorial Team · How we calculate

Your New Mexico probate

Pick the options that match your estate — the estimate updates instantly.

Estimated timeline in New Mexico
6–12 months
Informal probate, notice published, uncontested
Informal vs formal? →
Facing probate in New Mexico?

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

Talk to a New Mexico attorney

New Mexico's probate timeline, at a glance

MilestoneNew Mexico ruleSource
Earliest appointmentNot sooner than 120 hours (5 days) after deathNMSA Chapter 45, Article 3
Small estate affidavit eligible$50,000 net, personal property only§ 45-3-1201
Inventory filedWithin 3 months of appointment§ 45-3-706
Notice to creditors published (optional)Once a week, 3 successive weeks — if the PR chooses to§ 45-3-801
Claim bar if published4 months from first publication (or 60 days from mailed notice, if later)§ 45-3-801
Claim bar if never published1 year from date of death (most pre-death claims)§ 45-3-803
Earliest closingNot before 6 months after appointmentNew Mexico probate practice

New Mexico probate timeline — frequently asked questions

How long does probate take in New Mexico?

Informal probate typically closes in 6 to 12 months if the personal representative publishes a notice to creditors. If they don't publish, most pre-death claims aren't barred until a full year after death instead.

Do New Mexico personal representatives have to publish a notice to creditors?

No — publication is optional under NMSA 1978 Section 45-3-801. Publishing sets a 4-month bar from first publication; skipping it leaves the 1-year outer bar from death as the only limit for most pre-death claims.

How soon can a New Mexico personal representative be appointed?

Not sooner than 120 hours (5 days) after death, and no estate may close before 6 months after appointment regardless of how quickly claims resolve.

Does New Mexico have an estate or inheritance tax?

No. New Mexico has no estate tax and no inheritance tax — only the federal estate tax can apply, and only to estates above the federal exemption.

New Mexico probate tools & guides

New Mexico Probate DeadlinesEvery statutory date, with citations What Delays Probate in New MexicoThe real causes, beyond the baseline Informal vs Formal ProbateWhich one applies to your estate New Mexico Probate vs Living TrustWould a trust have avoided this?

This calculator provides an estimate for general guidance only and is not legal advice. Figures are based on New Mexico statute (NMSA 1978 § 45-3-706, 45-3-801, 45-3-803, 45-3-1201). Actual timelines depend on the specific Probate Court or District Court and whether the estate is contested. Confirm current timelines with the Probate Court or a licensed New Mexico attorney before acting.