How long probate takes in New Mexico

The floor: four months

Once a personal representative publishes notice to creditors, creditors have four months from the first publication to file claims (60 days from a mailed notice, if later). An estate cannot responsibly close until that window has passed (NMSA 45-3-801).

What adds time

• Selling a house or other property
• Finding heirs, or a missing original will
• Disputed creditor claims or tax issues
• A will contest or family dispute, which moves the case to District Court

The outer limit to start

Probate generally must be opened within three years of death (NMSA 45-3-108). Waiting is rarely wise: bills, taxes and property upkeep keep running.

Frequently asked questions