New Mexico route screening

New Mexico small-estate limit: $50,000

After 30 days, a successor may use an affidavit if the entire estate, wherever located and less liens and encumbrances, does not exceed $50,000 and no personal-representative application is pending or granted.

Sources reviewed August 9, 2026. Sources rechecked October 3, 2026. This page last revised October 16, 2026.

1. Where and when

StateNew MexicoFixed to this page. Open the navigator to compare another state.Date of deathRequired. Without it no waiting period can be tested and the route stays undecided.

2. What they left

Asset 1

DescriptionValue$Not entered. A blank amount is not counted as zero.Enforceable liens or mortgage$Not entered. Enter 0 if there is no lien.OwnershipThis is real property

Asset 2

DescriptionValue$Not entered. A blank amount is not counted as zero.Enforceable liens or mortgage$Not entered. Enter 0 if there is no lien.OwnershipThis is real propertyWill it be sold during administration?Some court charges are assessed on sale proceeds and exclude real property that is kept, so this changes the amount.

Ownership determines whether an asset usually enters probate. Choose “Not sure” when title or beneficiary status has not been confirmed.

Private by design: entries stay in this browser.

Your working estimate

New Mexico estate snapshot

Route check

More information is needed

Counted probate estate: not yet counted

A valid date of death is required before any waiting period can be tested.

Gross probate propertyNot yet counted

Court chargeMore information neededInformal probate and appointment in county Probate Court (NMSA 1978 § 34-7-14)2 asset entries have no value entered. A blank amount is not treated as zero, so the charge cannot be computed.More information neededFormal or contested estate proceeding in District Court (NMSA 1978 § 34-6-40)2 asset entries have no value entered. A blank amount is not treated as zero, so the charge cannot be computed.Court charges only, for the proceeding named beside each figure. That proceeding is not always the route screened above.

Scheduled executor compensationMore information needed2 asset entries have no value entered.A personal representative is entitled to reasonable compensation, not a percentage schedule. If a will provides compensation and no contract with the decedent controls, the representative may renounce the will provision before qualifying and take reasonable compensation, or renounce all or part of the fee.

This route check is general information, not legal advice. It does not test every eligibility condition, creditor issue, will provision, local fee, or asset-title fact.

The affidavit collects tangible personal property and cannot perfect title to real estate. Section 45-3-1203 separately permits summary distribution when the net estate does not exceed enumerated allowances and administration, last-illness, and funeral expenses.

Where the limit comes from

Is this the limit that applies?

$50,000 is the limit in NMSA 1978 § 45-3-1201 as it read on October 3, 2026; confirm it with the probate court before you file.

Controlling citation: NMSA 1978 § 45-3-1201, collection by affidavit (New Mexico Compilation Commission / NMOneSource; History: 1953 Comp., § 32A-3-1201, enacted by Laws 1975, ch. 257, § 3-1201; 1983, ch. 194, § 8; 1995, ch. 210, § 48; 2011, ch. 124, § 50.).

The section’s own words

45-3-1201. Collection of personal property by affidavit. A. Thirty days after the death of a decedent, any person indebted to the decedent or having possession of tangible personal property or an instrument evidencing a debt, obligation, stock or chose in action belonging to the decedent shall make payment of the indebtedness or deliver the tangible personal property or an instrument evidencing a debt, obligation, stock or chose in action to a person claiming to be the successor of the decedent upon being presented an affidavit made by or on behalf of the successor stating that: (1) the value of the entire estate, wherever located, less liens and encumbrances, does not exceed fifty thousand dollars ($50,000); (2) thirty days have elapsed since the death of the decedent;

How the New Mexico screen is measured

Procedure	Collection of personal property by affidavit
What counts	The probate estate within the statute’s scope, so solely owned real property can count
Value basis	Value less enforceable liens and encumbrances
Waiting period	30 days after death

The New Mexico caveats that can change this answer are listed once, on the New Mexico overview.

The official New Mexico path

New Mexico courts by county — New Mexico Courts. Official directory for locating county Probate Courts and judicial-district courts.
Form 4B-302, application for informal probate and appointment — New Mexico Courts. Official statewide form page for an informal testate probate application.
Form 4B-101, opening and closing a Probate Court case — New Mexico Courts. Official Probate Court process flow chart.

What a small-estate screen can and cannot decide, and which assets never enter it, is explained once in small-estate affidavit or probate and what counts as a probate asset.

Controlling source

Statute

NMSA 1978 § 45-3-1201

NMSA 1978 § 45-3-1201, collection by affidavit

The section’s own words

45-3-1201. Collection of personal property by affidavit. A. Thirty days after the death of a decedent, any person indebted to the decedent or having possession of tangible personal property or an instrument evidencing a debt, obligation, stock or chose in action belonging to the decedent shall make payment of the indebtedness or deliver the tangible personal property or an instrument evidencing a debt, obligation, stock or chose in action to a person claiming to be the successor of the decedent upon being presented an affidavit made by or on behalf of the successor stating that: (1) the value of the entire estate, wherever located, less liens and encumbrances, does not exceed fifty thousand dollars ($50,000); (2) thirty days have elapsed since the death of the decedent;

New Mexico Compilation Commission / NMOneSource · History: 1953 Comp., § 32A-3-1201, enacted by Laws 1975, ch. 257, § 3-1201; 1983, ch. 194, § 8; 1995, ch. 210, § 48; 2011, ch. 124, § 50. · Rechecked October 3, 2026

Sources rechecked October 3, 2026: New Mexico source list · how sources are checked · report a correction

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