Overview
Catron County is located in New Mexico with a population of approximately 3,600. The Catron County Probate Court handles all informal probate and estate matters for decedents who were domiciled in the county at the time of death. Contested matters or formal probates are generally heard by the Seventh Judicial District Court.
New Mexico probate is governed by the Uniform Probate Code (NMSA Chapter 45). The process often begins with filing an Application for Informal Probate and Appointment of Personal Representative 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.
New Mexico offers a simplified procedure for small estates. If the value of the estate (personal property only) does not exceed $50,000, successors may be able to use a Small Estate Affidavit to collect assets without full probate administration. Note that this affidavit cannot be used to transfer real property, though a separate procedure for homesteads may apply in specific circumstances.
The statutory filing fee for opening an informal probate in the Probate Court is $30.00.
This guide provides an informational overview of the Catron 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
Catron County Probate Court
Probate matters in Catron County are handled at the Catron County Courthouse.
Address: 100 Main Street, Reserve, NM 87830
Mailing Address: PO Box 197, Reserve, NM 87830
Phone: (575) 533-6400 (County Clerk/Probate)
Hours: Monday through Friday, 8:00 AM to 4:30 PM
The Probate Court is located within the historic county courthouse in Reserve. The County Clerk's office typically assists with the administrative aspects of filing probate documents.
Parking and Access
Free parking is generally available around the courthouse square in Reserve. The building is accessible to the public during standard business hours.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Small Estate Affidavit: If the estate consists of personal property valued at $50,000 or less, you may be able to use an affidavit to collect assets after a 30-day waiting period.
- Transfer on Death: Assets with beneficiary designations (like life insurance or TOD bank accounts) bypass probate.
- 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 and Appointment of Personal Representative with the Catron County Probate Court. Include:
- Original Will (if one exists)
- Certified Death Certificate
- Application for Informal Probate
- Order of Informal Probate
- Acceptance of Appointment
- Filing fee ($30.00)
New Mexico courts often use the "Informal" process for uncontested estates, which is faster and less expensive than "Formal" probate in District Court.
Step 3: Provide Notice
After appointment, you must:
- Mail notice to all heirs and devisees within 30 days of appointment.
- Publish notice to creditors in a newspaper of general circulation in Catron County (such as El Defensor Chieftain) once a week for three successive weeks.
Step 4: Administer the Estate
After receiving Letters Testamentary or Letters of Administration, the personal representative must:
- Prepare an Inventory of estate assets within 3 months.
- Pay valid creditor claims (creditors generally have 2 months after publication to file claims).
- File federal and state tax returns as needed.
- Distribute assets to beneficiaries.
- Close the estate by filing a Verified Statement of Personal Representative Closing Estate no earlier than 3 months after appointment.
Local Requirements
Catron County-Specific Procedures
- Filing Venue: Uncontested informal probates are filed with the Probate Court (Judge Cindy Howell). Contested matters must be filed with the Seventh Judicial District Court.
- Forms: The court accepts the standard New Mexico Supreme Court probate forms.
- Publication: Notice is typically published in El Defensor Chieftain or The Catron Courier (if active) to satisfy the legal notice requirement for the county.
- Recording: Real estate deeds distributing property must be recorded with the Catron County Clerk.
Timeline & Fees
Filing Fees (Catron County)
- Informal Probate (Probate Court): $30.00
- Formal Probate (District Court): approximately $132.00
- Certified Copies: approximately $1.50 per document (plus copy fees)
- Publication costs: approximately $50-$100 depending on the newspaper and length of notice
Payment Methods
The court accepts cash, checks, and money orders. Credit cards may not be accepted or may incur a convenience fee; verify with the clerk before visiting.
Estimated Timelines
- Small Estate Affidavit: Can be used 30 days after death.
- Informal Probate: Minimum of 3-4 months (due to creditor notice period), but often takes 6-9 months.
- Complex/Contested Estates: 1 year or more.
Local Resources
Catron County Court Resources
- County Website: catroncounty.us
- Probate Self-Help: selfrepresentation.nmcourts.gov/probate
- NM Supreme Court Forms: nmcourts.gov/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
Publication
- El Defensor Chieftain: (575) 835-0520 — dchieftain.com
- The Catron Courier: Local circulation