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Bernalillo County Probate Court
Most uncontested Albuquerque estates are opened in the Bernalillo County Probate Court. Here is what it can and cannot do.
What the Probate Court handles
The county Probate Court handles informal probate: uncontested cases decided on a sworn application without a hearing. That includes admitting a will that nobody disputes and appointing a personal representative.
What goes to District Court instead
Anything contested or needing a judge's decision after a hearing (formal probate, will contests, supervised administration, disputes between heirs) goes to the Second Judicial District Court in Albuquerque. Informal cases can also be filed there.
Filing without a lawyer
The court accepts filings from people who do not have an attorney and sells do-it-yourself form packets. Court staff can explain procedure but cannot give legal advice.
What to bring
- The original will, if there is one
- A certified death certificate
- Names and addresses of heirs and anyone named in the will
- A rough list of what the person owned and owed
- The filing fee
The court has moved offices in recent years, and hours and fees change. Check the court's own page for the current address, hours and fees before you go.
Frequently asked questions
Where do I file probate in Albuquerque?
Uncontested informal probate is usually filed in the Bernalillo County Probate Court. Contested or formal cases go to the Second Judicial District Court.