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New Mexico source record

Every source behind the New Mexico guide

6 primary records, quoted verbatim and checked against 18 named presence or absence conditions that must pass against the live government text. Open the record, read the words the publishing body actually used, and confirm the current rule for yourself.

Last full re-fetch September 15, 2026

What each source establishes

The New Mexico guide rests on the source-backed rules this site can verify for the state: which simplified procedure exists and what it limits, what the court charges, how the person administering the estate may be paid, and the statutory creditor-deadline clocks the official text states.Every published rule below is quoted in the publisher’s own words rather than summarised.

Simplified-procedure rule

NMSA 1978 § 45-3-1201

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. · Verified August 9, 2026

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;

What was published from this source

  • NM NMSA 1978 § 45-3-1201

Conditions checked against the live text

Each condition below must be found in the page as the publisher currently serves it. If any one of them stops matching, the build fails and the figure is withheld rather than published from memory.

  • section identity
  • quoted legal rule
  • section identity

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Executor compensation rule

NMSA 1978 § 45-3-719

New Mexico Compilation Commission / NMOneSource · History: 1953 Comp., § 32A-3-719, enacted by Laws 1976 (S.S.), ch. 37, § 10; repealed and reenacted by Laws 1995, ch. 210, § 38. · Verified August 9, 2026

45-3-719. Compensation for personal representatives. A personal representative is entitled to reasonable compensation for his services. If a will provides for compensation of the personal representative and there is no contract with the decedent regarding compensation, he may renounce the provision before qualifying and be entitled to reasonable compensation. A personal representative also may renounce his right to all or any part of the compensation. A written renunciation of the fee may be filed with the court.

What was published from this source

  • NM NMSA 1978 § 45-3-719

Conditions checked against the live text

Each condition below must be found in the page as the publisher currently serves it. If any one of them stops matching, the build fails and the figure is withheld rather than published from memory.

  • section identity
  • quoted legal rule
  • section identity

Response digest 73f99071e33ad683… · HTTP 200

Creditor deadline rule

NMSA 1978 §§ 45-3-801, -803

New Mexico Compilation Commission / NMOneSource · History: 1953 Comp., § 32A-3-801, enacted by Laws 1975, ch. 257, § 3-801; 1993, ch. 174, § 71; repealed and reenacted by Laws 2016, ch. 69, § 715. · Verified August 9, 2026

45-3-801. Notice to creditors. A. A personal representative upon appointment may publish a notice to creditors once a week for three successive weeks in a newspaper of general circulation in the county in which the probate proceeding is pending, announcing the personal representative's appointment and address and notifying creditors of the estate to present their claims within four months after the date of the first publication of the notice or be forever barred. B. A personal representative may give written notice by mail or other delivery to a creditor, announcing the personal representative's appointment and address and notifying the creditor to present the creditor's claim within four months after the published notice, if given as provided in Subsection A of this section, or within sixty days after the mailing or other delivery of the notice, whichever is later,

What was published from this source

  • NM NMSA 1978 §§ 45-3-801, -803

Conditions checked against the live text

Each condition below must be found in the page as the publisher currently serves it. If any one of them stops matching, the build fails and the figure is withheld rather than published from memory.

  • section identity
  • quoted legal rule
  • section identity

Response digest 73f99071e33ad683… · HTTP 200

Court cost rule

NMSA 1978 § 34-7-14

New Mexico Compilation Commission / NMOneSource · 1978 Comp., § 34-7-14, repealed and reenacted by Laws 2023, ch. 44, § 11. · Verified August 9, 2026

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.

What was published from this source

  • NM NMSA 1978 § 34-7-14

Conditions checked against the live text

Each condition below must be found in the page as the publisher currently serves it. If any one of them stops matching, the build fails and the figure is withheld rather than published from memory.

  • section identity 34-7-14
  • probate court fee $30
  • section identity

Response digest 3e4b2708461b11b5… · HTTP 200

Court cost rule

NMSA 1978 § 34-6-40

New Mexico Compilation Commission / NMOneSource · The 2009 amendment, effective July 1, 2009 · Verified August 9, 2026

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.

What was published from this source

  • NM NMSA 1978 § 34-6-40

Conditions checked against the live text

Each condition below must be found in the page as the publisher currently serves it. If any one of them stops matching, the build fails and the figure is withheld rather than published from memory.

  • section identity 34-6-40
  • district docket fee $117
  • section identity

Response digest 3e4b2708461b11b5… · HTTP 200

Court and venue rule

NMSA 1978 § 45-1-302

New Mexico Compilation Commission / NMOneSource · History: 1953 Comp., § 32A-1-302, enacted by Laws 1975, ch. 257, § 1-302; 1978, ch. 159, § 2; 2011, ch. 124, § 7. · Verified August 9, 2026

45-1-302. Subject matter jurisdiction of district and probate courts. A. The district court has exclusive original jurisdiction over all subject matter relating to: (1) formal proceedings with respect to the estates of decedents, including determinations of testacy, appointment of personal representatives, constructions of wills, administration and expenditure of funds of estates, determination of heirs and successors of decedents and distribution and closing of estates;

What was published from this source

  • NM NMSA 1978 § 45-1-302

Conditions checked against the live text

Each condition below must be found in the page as the publisher currently serves it. If any one of them stops matching, the build fails and the figure is withheld rather than published from memory.

  • section identity
  • quoted legal rule
  • section identity

Response digest 73f99071e33ad683… · HTTP 200

New Mexico source decision map

How the New Mexico records fit together

The source record is most useful when each citation has a job. This map links the New Mexico procedure, cost, compensation, and deadline records to the decision each one can and cannot answer.

QuestionRecorded New Mexico answerCarry into the case
What route is being screened?Collection of personal property by affidavitConfirm that the will, prior appointment, family facts, and asset titles fit this route.
What property and basis count?probate property within the rule's stated scope; net of enforceable liens and encumbrances.Keep real property, liens, beneficiary transfers, and survivorship transfers classified separately.
What is the amount screen?$50,000Use the counted property, not a bank-balance shortcut.
What is the time or deadline record?30 days after death; New Mexico has separate four-month publication, later-of-publication-or-60-day actual-notice, and one-year-from-death outer limits. A single days field would misstate the trigger framework.Keep the event that starts each clock with the date; do not combine separate periods into one number.
What does the cost record establish?2 published schedules; the proceeding and value basis control the total.Ask the Probate Court (informal) / District Court (formal) about local surcharges, copies, publication, bond, and later filings.
What does compensation use?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. The relevant base is the estate accounting.Keep the will, task log, receipts, and accounting base together; extraordinary work is separate.

Decision boundary

What the New Mexico source set does not silently decide

The New Mexico records establish the rules listed above, but they do not turn a source citation into advice about title, family priority, tax filing, contested proceedings, or the exact clerk practice in every county. Those questions stay with the official court or a qualified adviser. The useful next step is to match the question to the citation rather than treating the longest quote as the answer to every estate problem.

Arithmetic illustration

See the New Mexico amount screen without mistaking it for a result

The recorded New Mexico ceiling is $50,000, and it is tested against probate property within the rule's stated scope, on a basis this site records as net of enforceable liens and encumbrances. Counted that way, $37,500 sits below the New Mexico figure and $62,500 sits above it. Both are comparisons to a published number rather than legal outcomes: two estates holding the same total can land on opposite sides of this line, because what New Mexico counts and how it values it are decided before the comparison is made.

Illustrative counted amountComparison to the New Mexico ceilingWhat it does not decide
$37,500Below $50,000Title, liens, waiting period, appointment, or creditor duties
$62,500Above $50,000Whether another statutory route or court process applies

Next evidence to collect

Open the quoted record for the row you rely on and check the publisher's current text before filing.

  1. Record the date of death, the county, and the exact proceeding or affidavit being considered.
  2. Classify each asset by title, beneficiary, trust, real-property status, and the value basis shown above.
  3. Open the official court material below and keep its form or schedule with the estate record.
  4. Do not distribute property until the route, creditor position, and required approvals are resolved.

Official material

New Mexico has a dual track: county Probate Courts and District Courts share original jurisdiction over informal probate/appointment, while District Court has exclusive original jurisdiction over formal estate proceedings.

The opening fee is set statewide by statute for each court: $30 in the county Probate Court (NMSA 1978 § 34-7-14) and a $117 civil docket fee in District Court (NMSA 1978 § 34-6-40). Use the state directory to reach the correct court.

Source trail

Records used by this New Mexico map

What New Mexico courts publish

The statutes on this page state the rule. These are the documents the court itself publishes. Every link is probed before release, and any link that stops resolving fails the build rather than staying on the page.

Limits on court material

  • New Mexico has a dual track: county Probate Courts and District Courts share original jurisdiction over informal probate/appointment, while District Court has exclusive original jurisdiction over formal estate proceedings.
  • The opening fee is set statewide by statute for each court: $30 in the county Probate Court (NMSA 1978 § 34-7-14) and a $117 civil docket fee in District Court (NMSA 1978 § 34-6-40). Use the state directory to reach the correct court.

Checking these New Mexico records against the publishers

Every citation above links to the body that publishes it, and every quoted sentence is reproduced exactly, so a text search on the publisher’s own page should land on it. Where the publisher’s current wording differs from what is recorded here, the publisher governs and this page is wrong; naming the citation and the language you see maps the difference onto a specific condition rather than a general complaint. The full procedure, including how a source qualifies in the first place and what disqualifies one, is set out once on the methodology page instead of being restated on each of the254 state records.

These records cover the cost and route questions this site answers for New Mexico. They do not cover intestate succession shares, spousal and family allowances, creditor priority, tax filing obligations, real-property transfer mechanics, or contested proceedings. Where an answer would require one of those, the site says so rather than estimating.

Return to the New Mexico estate guide ·All 254 records ·Dataset overview and citation ·How sources are selected