Overview
Bernalillo County is located in New Mexico with a population of approximately 671,747. The Bernalillo County Probate Court (also known as the Court of Wills, Estate and Probate) handles all informal probate matters for decedents who were domiciled in the county at the time of death. Formal probate matters and contested estates are generally handled by the Second Judicial District Court.
New Mexico probate is governed by the Uniform Probate Code (NMSA Chapter 45). The process begins with filing an Application for Informal Probate of Will and for Informal Appointment of Personal Representative (Form 4B-301) to admit the will and appoint a personal representative. The court then issues Letters Testamentary for testate estates or Letters of Administration for intestate estates.
For smaller estates, New Mexico offers a simplified procedure via a Small Estate Affidavit if the value of the entire estate (less liens and encumbrances) does not exceed $50,000 and does not include real property (unless the affidavit is used to transfer title to the homestead after a waiting period).
The filing fee to open an informal probate case in Bernalillo County is $30.00.
This guide provides an informational overview of the Bernalillo County probate process. It is not legal advice and is not a substitute for consulting a qualified attorney. Laws and local procedures may change — verify current requirements with the court.
Courthouse Information
Bernalillo County Probate Court
Probate matters in Bernalillo County are handled at Bernalillo County @ Alvarado Square.
Address: 415 Silver Ave. SW, 2nd Floor, Albuquerque, NM 87102
Phone: (505) 468-1229
Hours: Monday through Friday, 9:00 AM to 5:00 PM
The Probate Court is located on the 2nd floor of the Alvarado Square building. It primarily handles informal probate proceedings where there is no dispute. Contested matters must be transferred to the District Court.
Parking and Access
Free customer parking is available at the southwest corner of 5th Street and Silver Avenue, directly across the street from the Alvarado Square building. Security screening is required upon entering the building.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Small Estate Affidavit: If the estate is valued at $50,000 or less (excluding liens and encumbrances) and contains no real property, you may be able to collect assets via affidavit after a 30-day waiting period.
- Transfer on Death (TOD): Real estate with a recorded TOD deed or vehicles with TOD beneficiaries transfer automatically.
- Trust administration: Assets held in a living trust generally do not require probate.
Step 2: File the Application
If probate is needed, file an Application for Informal Probate with the Bernalillo County Probate Court. Include:
- Application for Informal Probate and Appointment of Personal Representative
- Original Will (if one exists)
- Certified Death Certificate
- Filing fee of $30.00
- Order of Informal Probate and Appointment
- Acceptance of Appointment
The court accepts filings in person or by mail.
Step 3: Provide Notice
After filing and appointment, you must:
- Mail notice (Notice of Informal Appointment) to all heirs and devisees within 10 days of appointment.
- Publish notice to creditors in a newspaper of general circulation in Bernalillo County (typically the Albuquerque Journal) once a week for three successive weeks.
Step 4: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors: Creditors have 2 months from the date of first publication to file claims (or 1 year from death if no notice is published).
- Inventory and appraise all estate assets within 3 months of appointment.
- Pay valid creditor claims and administrative expenses.
- File federal and state tax returns as needed.
- Distribute assets to beneficiaries.
- Close the estate by filing a Verified Statement of Personal Representative to Close Estate no earlier than 3 months after appointment and after the creditor claim period has expired.
Local Requirements
Bernalillo County-Specific Procedures
- Forms: The court provides a pre-printed probate packet for $5.00, or forms can be downloaded for free from the county website.
- Original Will: The original will must be filed with the court; copies are generally not accepted for informal probate.
- Publication: Notice to creditors is typically published in the Albuquerque Journal.
- Recording Real Estate: If real property is distributed, a Deed of Distribution must be recorded with the Bernalillo County Clerk ($25 recording fee).
Timeline & Fees
Filing Fees (Bernalillo County)
- Opening an Informal Estate: $30.00
- Probate Packet (Forms): $5.00
- Copies: $0.50 per page
- Certified Copies: $0.50 per document certification fee (plus copy costs)
- Recording Fee (Clerk): $25.00 per document
- Publication costs: approximately $100-$150 depending on the length of the notice
Payment Methods
The court accepts cash, checks, money orders, and credit/debit cards (subject to a transaction fee).
Estimated Timelines
- Simple estates: 6-9 months (minimum time to close is roughly 4-6 months due to notice periods).
- Average estates: 9-12 months.
- Complex or contested estates: 1 year or more (may require District Court supervision).
Local Resources
Bernalillo County Court Resources
- Court Website: bernco.gov/probate-court
- Bernalillo County Forms: bernco.gov/probate-court/about-the-forms
Legal Aid and Attorney Referrals
- State Bar of New Mexico: (505) 797-6000 — sbnm.org
- New Mexico Legal Aid: (833) 545-4357 — newmexicolegalaid.org
- Lawyer Referral for the Elderly Program: (505) 797-6005
Publication
- Albuquerque Journal: (505) 823-7777 — abqjournal.com/legals