Quick answer: the deadline that shapes the whole schedule depends on a choice, not a fixed date — publish a notice to creditors and the bar is 4 months; skip it and the bar is 1 year. See the full New Mexico probate timeline calculator for your specific estimate.
The core deadlines, in order
| Deadline | New Mexico rule | Statute |
|---|---|---|
| Earliest appointment | Not sooner than 120 hours (5 days) after death | NMSA Chapter 45, Article 3 |
| Inventory filed | Within 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(A) |
| Claim bar if published | 4 months from first publication | § 45-3-801(A) |
| Actual-notice creditor | Later of 4 months from publication or 60 days from mailing | § 45-3-801(B) |
| Claim bar if never published | 1 year from date of death (most pre-death claims) | § 45-3-803 |
| Earliest closing | Not before 6 months after appointment | New Mexico probate practice |
Publishing is optional — and the choice really matters
Worth understanding clearly: under § 45-3-801(A), a personal representative may publish a notice to creditors — it's not required. Publishing starts a 4-month claim-bar clock from the date of first publication. Skipping it leaves most pre-death claims governed by the outer bar under § 45-3-803: barred at 1 year after the date of death, full stop. Publishing is what pulls the finish line forward from twelve months to about four.
No liability either way
Under § 45-3-801(C), the personal representative is not liable to anyone for giving or failing to give notice under that section — a liability shield that removes one incentive to publish, which is part of why the choice genuinely varies estate to estate rather than being an obvious default.
Facing probate in New Mexico?
Talk to a New Mexico attorneyA local probate attorney can review your estate — many offer a free consultation.