Probate is the judicial process for transferring the property of a person who has died (called a decedent). The property is transferred according to either (1) the decedent's will, or (2) if the decedent died without a will, according to New Mexico's laws of intestate succession. The probate court appoints legally qualified persons, called personal representatives, to manage and settle the decedent's business affairs. Personal representatives pass the deceased person's estate property, real and personal, to the rightful recipients. Rightful recipients might include heirs, devisees name in a valid and current will, or creditors.
The information provided on this website is general and not designed to give legal advice.
**NM Supreme Court rule prohibiting legal advice NMRA 23-113.***
**IMPORTANT**
The probate court clerks are NOT lawyers CANNOT give you advice on how to fill out the forms or give yo9u advice on the issues that the forms do not address. The court clerks CAN give you information regarding the process of filling the paperwork. You should contact court staff for filing procedures.
The probate court judge is not an advocate representing you.
**The judge CANNOT and will NOT give you advice about how to complete the probate. When you act as a self-represented person, you are your own lawyer. The probate court does NOT guarantee the legal sufficiency of this site or that it meets your specific needs. Because the law is constantly changing, the information on this site may not be current. Therefore, you may wish to seek the advice and assistance of an attorney.
Packet information available here. Then Click on Probate Courts
The Probate should be filed in the County deceased resided.
Coming soon - under construction
No Will Instructions
4B-301 Application for Informal Appointmentof Personal Representitive(No Will)
4B-303 Order of Informal Appointment as Personal Representitive
4B-305 Acceptance of Appointment as Personal Representitive (Will) (No Will)
4B-306 Letters of Administration (No Will)
4B-401 Notice of Informal, Appointment ofPersonal Representitive
4B-402 Proof of Notice
4B-501 Notice to Creditors by publication and notice to creditors by written notice
4B-601 Inventory
4B-602 Accounting
4B-701 Verified Statement of PersonalRepresentitive
Will Instructions
4B-302 Application of Informal, Probate of Willand for Informal Appointment of Appointmentof Personal Representive (Will)
4B-304 Order of Informal Probate of Will and Information
Appointment of PersonalRepresentitive
4B-305 Acceptance of Appointmentas Personal Representitive ( Will) (No Will)
4B-307 Letters of Testamentary (Will)
4B-401 Notice of Informal, Appointment ofPersonal Representitive
4B-402 Proof of Notice
4B-501 Notice of Creditors by publications and notice to creditors by written notice
4B-601 Inventory
4B-602 Accounting
4B-701 Verified Statement of PersonalRepresentitive
Deed showing ownership of property
Original Death Certificate (NO PHOTOCOPY)(5 days must have passed from date of death)
Original or authenticated copy of Will (NO PHOTOCOPY) if you have one
Name of Personal Representative
Complete mailing address, area code and phone number
List of heirs – Name, complete mailing address & zip code
Check or money order payable to: Torrance County Probate
Filing Fee $30.00
Packet $5.00
Total $35.00
IN ORDER TO REGISTER PROPERTY AFTER A PROBATE HAS BEEN DONE IN ANOTHER STATE, THIS IS WHAT IS NEEDED:
Proof of Authority opening the case in our county
A certification from the County where the probate was completed with the following papers:
An Order Admitting Will to Probate & Authorizing Letters Testamentary signed by Judge of that County
Application of the Probate
Will or authenticated copy of the Will.
Affidavit from Judge from that court certifying that The copies are true & correct copies. A personal Representative’s deed is then prepared.
Original Death Certificate (NO PHOTOCOPY)
Check or money order payable to: Torrance County Probate
Filing Fee $30.00
Packet $5.00
Total $35.00
There needs to be a PROBATE CLERK’S CERTIFICATION of above papers along with CERTIFICATE OF AUTHENTICATION.
NO PROBATES OPENED IF DATE OF DEATH IS OVER THREE (3) YEARS, WITH A WILL, YOU MUST CONTACT A NEW MEXICO ATTORNEY AND FILE IN DISTRICT COURT
Torrance County Probate Court
Torrance County Clerk's Office
205 S Ninth Street
P.O. Box 48
Estancia, New Mexico 87016
Tuesday and Thursday
10 am - 4 pm MST
Phone: (505)-544-4696
Josie Chavez
Probate Judge (2019-2022)
Office: (505) 544-4696
Cell: (505) 217-6451
jchavez@tcnm.us
Genell Morris
Probate Clerk
(505) 544-4365
gmorris@tcnm.us
