Full probate in New Mexico can take 6 to 18 months. For smaller or simpler estates, the state offers several shortcut procedures that wrap things up in weeks or even days. Knowing which one applies can save thousands in fees and many months of delay.
If the decedent's personal property (excluding real estate) is worth less than $50,000, NMSA §45-3-1201 lets heirs collect property using a sworn affidavit — no court involvement. Banks, employers, and DMVs honor it after a 30-day waiting period.
If the entire estate is worth less than the family allowance, exempt property allowance, and costs/expenses, the personal representative can wrap up everything immediately by filing a summary closing statement. Often used with very small estates where there's only one heir.
If everyone agrees, informal probate runs through the Probate Court (not District Court) with minimal hearings. Letters Testamentary issue quickly, and most steps can be done by mail.
Real estate doesn't qualify for the small estate affidavit. But if the decedent recorded a transfer-on-death deed (NMSA §45-6-401) before death, the real estate transfers automatically without probate.
Bank accounts with payable-on-death beneficiaries, jointly held real estate with right of survivorship, and life insurance with named beneficiaries all bypass probate entirely. These often handle most assets in modest estates.
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