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The Heart of New Mexico Symbol

Probate Judge

In person appointments are available Tuesday and Thursday.
You may also leave a message and your call will be returned.
A MASK WILL BE REQUIRED FOR ALL IN PERSON APPOINTMENTS
Phone: (505) 544-4365


PURPOSE OF THIS COURT

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.

DISCLAIMER

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.

Documents Needed to Open a Probate

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

Ancillary Probate


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


Contact

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 

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