The figures on this page are general estimates. Laws, fees, thresholds, and prices differ by state and change often, and your own situation may change the result. Before you act, confirm the current numbers and rules for New Mexico with a licensed professional — an attorney, tax advisor, or licensed agent as appropriate. Reading this page does not create a professional relationship.
This page is built to print. Use your browser's Print command and choose "Save as PDF" for a one-page New Mexico reference. Every figure below is compiled from the statutes and state authorities listed at the bottom — the same sources cited on our New Mexico probate pages.
New Mexico probate fees
| Item | New Mexico |
|---|---|
| Attorney fees | Not statutory. The fee must be reasonable. |
| Executor / personal representative fees | NMSA §45-3-719 entitles the personal representative to 'reasonable compensation.' There is no percentage schedule, and family representatives commonly waive the fee. Not read at the primary source: the only source previously cited for this field was a commercial reproduction of the New Mexico code, and New Mexico law cannot be read at a primary source from the environment this page was checked in. This field is recorded as unverified. |
| Fee basis | reasonable |
| Appraisal / referee | Not used. New Mexico does not appoint a state appraiser, though the personal representative must prepare an inventory and appraisal within three months (NMSA §45-3-706). |
Worked example
New Mexico sets no formula for a personal representative's fee: the amount is what the court finds reasonable, so an unusually simple or unusually complex estate could justify less or more. The estate's attorney is compensated separately.
New Mexico thresholds and deadlines
| Item | New Mexico |
|---|---|
| Small-estate threshold | Estates of $50,000 or less in personal property can be collected by affidavit 30 days after death under NMSA §45-3-1201. A surviving spouse can also transfer the community-property residence (valued up to $500,000 for tax purposes) by affidavit under §45-3-1205. |
| Creditor claim period | No New Mexico figure is stated in this field. The governing provision is §45-3-801, §45-3-803. The figure previously stated here was never verified against a statute or an independent publisher: its only source was a commercial reproduction of the code, and New Mexico law cannot be read at a primary source from the environment this page was checked in. It is recorded in data/withdrawn-figures.json as nm-creditor-claim-period, so it cannot return to any page without failing the build. |
| Statutory floor (creditor period) | No New Mexico figure is stated in this field. The governing provision is §45-3-801, §45-3-803. The figure previously stated here was never verified against a statute or an independent publisher: its only source was a commercial reproduction of the code, and New Mexico law cannot be read at a primary source from the environment this page was checked in. It is recorded in data/withdrawn-figures.json as nm-creditor-claim-period, so it cannot return to any page without failing the build. |
| Simplified real-property transfer | A surviving spouse may transfer the couple's community-property principal residence by recorded affidavit under NMSA §45-3-1205, without full probate, six months after death. |
| Transfer-on-death deed | No transfer-on-death deed statute for real property was found in the New Mexico statutes, and no source publishing one is cited here. The New Mexico statutes could not be read at a primary source from the environment this page was checked in, and the only source previously cited for this field was a commercial reproduction of the code. |
What passes outside New Mexico probate
These transfers are not part of the estate the fees above are calculated on:
- Beneficiary designations — retirement accounts, life insurance, payable-on-death accounts.
- Joint ownership with right of survivorship.
- Transfer-on-death deed — No transfer-on-death deed statute for real property was found in the New Mexico statutes, and no source publishing one is cited here. The New Mexico statutes could not be read at a primary source from the environment this page was checked in, and the only source previously cited for this field was a commercial reproduction of the code.
- Assets titled into a funded living trust.
Sources for this sheet
- Statutes: NMSA §45-3-719; NMSA §45-3-801; NMSA §45-3-803; NMSA §45-3-1201; NMSA §45-3-1205; NMSA §45-6-401
- State authority: New Mexico Statutes, Chapter 45 Uniform Probate Code (nmonesource.com)
Compiled August 15, 2026 from the sources listed above. Fee schedules, thresholds, and court costs are amended by legislatures and courts — confirm each figure against the cited statute or the New Mexico court before relying on it.
The full New Mexico guides
-
How Much Does Probate Cost in New Mexico? — the full cost breakdown.
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How Much Does an Executor Get Paid in New Mexico? — the fee rule in detail.
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How Long Does Probate Take in New Mexico? — the timeline and its statutory floor.
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How to Avoid Probate in New Mexico — the transfers that pass outside it.
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How Much Does a Will Cost in New Mexico? — execution requirements and pricing.
Fee sheets for other states
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This sheet sets out New Mexico probate figures as published at the time of compilation. It is not legal advice. Figures and statutes change and their application depends on the specific estate. Confirm current figures with the New Mexico courts or a licensed New Mexico attorney.