NM · District Court (or Probate Court for routine matters)
New Mexico
Personal property
$50,000
statutory cap
30-day wait
Who is eligible to file
- Surviving spouse or registered domestic partner
- Adult children, equally if more than one
- Parents of the decedent, if no spouse or descendants
- The named executor under the will, if one exists
- An heir at law under New Mexico's intestate-succession statute, in the absence of the above
What counts toward the threshold
The threshold counts only assets that pass through probate. The following do not count against the cap:
Joint tenancy property
Passes by right of survivorship.
Community property w/ ROS
Vests in surviving spouse.
Beneficiary-designated
Life insurance, IRAs, 401(k)s.
TOD / POD accounts
Bank, brokerage, vehicle titles.
Living trust assets
Distributed by the trust, not the will.
Wages owed to surviving spouse
Often a separate path.
Real property
The small-estate-affidavit pathway in this state excludes real property. Real-property transfers require a different procedure (often regular probate).
Where to file
File with the District Court (or Probate Court for routine matters) in the county where the decedent resided at death.
We do not maintain a county-by-county directory. The New Mexico judicial system operates an authoritative court locator.
Find your county’s District Court (or Probate Court for routine matters) via the New Mexico judicial council website. Search for “New Mexico District Court (or Probate Court for routine matters) county locator” or visit the state government court directory.
Note: in New Mexico, the small-estate affidavit is generally presented to the property holder (bank, brokerage, registrar) rather than filed with the court. The court named above is the venue for related probate matters and any contested questions.
Form & statute
Form
- Affidavit for Collection of Personal Property
Statute