New Mexico court costs
New Mexico splits the opening fee by court. Informal probate and appointment filed in the county Probate Court cost $30 (NMSA 1978 § 34-7-14, "a filing fee of thirty dollars ($30.00) for each probate case"). A formal or contested estate proceeding — which District Court has exclusive original jurisdiction over — costs the $117 district-court civil docket fee (NMSA 1978 § 34-6-40). If a case properly filed in Probate Court is later transferred to District Court, no additional District Court filing fee is charged (§ 34-7-10(B)).
$30–$117 is the range of statutory totals at a $100,000 estate, because the proceedings below are priced differently. Sources reviewed August 9, 2026. Sources rechecked October 3, 2026. This page last revised .
| Court filing | $30–$117 |
|---|---|
| Commission | reasonable, not a rate |
Statute text checked October 3, 2026: NMSA 1978 § 34-7-14 and NMSA 1978 § 34-6-40 and NMSA 1978 § 45-3-719.
Every line below is computed from the statutory schedule quoted at the end of this page. These are court charges only. They are not an estimate of the total cost of settling an estate.
| Charge | $25,000 estate | $100,000 estate | $400,000 estate | $1,000,000 estate |
|---|---|---|---|---|
| Probate Court filing fee | $30 | $30 | $30 | $30 |
| Total from this schedule | $30 | $30 | $30 | $30 |
This $30 statewide statutory fee applies to an informal probate case in the county Probate Court, not to a formal District Court proceeding.
Source: NMSA 1978 § 34-7-14, New Mexico Compilation Commission / NMOneSource. Edition: 1978 Comp., § 34-7-14, repealed and reenacted by Laws 2023, ch. 44, § 11.. Verified October 3, 2026.
| Charge | $25,000 estate | $100,000 estate | $400,000 estate | $1,000,000 estate |
|---|---|---|---|---|
| District Court civil docket fee | $117 | $117 | $117 | $117 |
| Total from this schedule | $117 | $117 | $117 | $117 |
This $117 is the base statewide district-court civil docket fee under § 34-6-40; districts with an ADR program add a $15 surcharge that is not part of this section.
Source: NMSA 1978 § 34-6-40, New Mexico Compilation Commission / NMOneSource. Edition: The 2009 amendment, effective July 1, 2009. Verified October 3, 2026.
The New Mexico caveats are listed once, on the New Mexico overview.
Other costs: probate cost lines.
NMSA 1978 § 34-7-14 — Fees of probate court
34-7-14. Fees of probate court. Clerks of the probate courts shall receive a filing fee of thirty dollars ($30.00) for each probate case.
What this means: The $30 probate-court filing fee is a single statewide statutory amount, not a locally-set charge. The section was repealed and reenacted by Laws 2023, ch. 44, § 11 (effective July 1, 2023); the reenactment preserved the $30 figure the 1993 amendment set.
NMSA 1978 § 34-6-40 — Finance; fees (district court docket fee)
district court clerks shall collect in civil matters docketing any cause, whether original or reopened or by appeal or transfer from any inferior court, a fee of one hundred seventeen dollars ($117)
What this means: A formal or contested probate is a civil matter docketed in District Court, so the $117 civil docket fee applies; the statute states the fee by case type rather than naming 'probate'. The $117 figure was set by Laws 2009, ch. 245, § 1. Subsection B's $107 figure is for domestic-abuse proceedings under § 40-12-6, not probate.
Sources rechecked October 3, 2026: New Mexico source list · how sources are checked · report a correction