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What probate costs in New Mexico

Updated October 24, 2026 · Checked against the 2025 New Mexico Statutes

Court fees

Filing an informal case in the Bernalillo County Probate Court costs a modest docket fee, plus copy charges. Check the court's fee schedule for the current amounts.

Newspaper notice to creditors

Publishing the creditor notice once a week for three weeks costs whatever the newspaper charges. It is optional, but without it creditors can bring claims for up to a year after death.

Personal representative pay

New Mexico does not set a percentage. A personal representative is entitled to reasonable compensation unless the will says otherwise (NMSA 45-3-719). Many family members waive it.

Attorney fees

Lawyers bill probate by the hour or as a flat fee for defined work. New Mexico sets no statutory schedule. Fees are paid from the estate, and any interested person can ask the court to review whether compensation was reasonable (NMSA 45-3-721). Ask for a written fee agreement up front.

Sources

  1. NMSA 45-3-719, compensation of personal representative
  2. NMSA 45-3-721, court review of employment of agents and compensation
  3. NMSA 45-3-801, notice to creditors
  4. Bernalillo County Probate Court, contact and forms