New Mexico
Estate law, probate process, and inheritance rules for New Mexico — in plain language.
$2,000–$4,000 typical
Affidavit NMSA §45-3-1201
Community property state — spouse owns 50% of community
Surviving spouse takes 100% of community.
- ✓Must be 18+ and of sound mind
- ✓May be required to post bond unless will waives it
- ✓Must file inventory of estate assets
- ✓Must give notice to creditors per statute
- ⏱Will filed within 3 years
- ⏱Notice to creditors: 4 months
- ⏱Inventory: 3 months after appointment
- ⚠NM is a community-property state
- ⚠NM has adopted MUPC
- ⚠Outdated beneficiary designations override the will
- ⚠Real estate in another state triggers ancillary probate
- ⚠Joint tenancy with non-spouse can create unintended consequences
- →Trust planning aware of community property
- →Real estate-focused planning for properties with high appreciation
- NMSA Chapter 45 (Uniform Probate Code)
Statute references are for orientation only. Verify current text with your state legislature's website. Not legal advice — consult an attorney licensed in New Mexico.
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