Overview
Chaves County is located in New Mexico with a population of approximately 63,697. The Chaves County Probate Court handles informal probate matters, while the Fifth Judicial District Court handles formal and contested estate matters for decedents who were domiciled in the county at the time of death.
New Mexico probate is governed by the Uniform Probate Code (Chapter 45 NMSA 1978). 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.
Small Estate Affidavit: New Mexico offers a simplified procedure for estates valued at $50,000 or less (personal property only), provided there is no real property involved (or real property is handled separately) and at least 30 days have passed since the death.
Statutory Fees: New Mexico does not have a mandatory statutory percentage for attorney or personal representative fees. Fees must be "reasonable" based on the time and effort required.
This guide provides an informational overview of the Chaves 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
Chaves County Probate Court
Informal probate matters in Chaves County are handled at the Chaves County Administrative Center.
Address: 1 St. Mary's Place, Roswell, NM 88203
Phone: (575) 624-6614 (County Clerk / Probate)
Hours: Monday through Friday, 8:00 AM to 5:00 PM
The Probate Court is presided over by the Probate Judge and administered by the County Clerk's office. For contested matters or formal probate, cases are heard at the Fifth Judicial District Court located at 400 N. Virginia Ave, Roswell, NM 88201.
Parking and Access
Public parking is available at the Chaves County Administrative Center, typically located at the east end of the parking lot. 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 collect assets via affidavit 30 days after death without opening probate.
- Non-Probate Transfers: Assets with beneficiary designations (POD/TOD accounts, life insurance) or held in joint tenancy with right of survivorship 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 Chaves County Probate Court. Include:
- Original Application for Informal Probate
- Original Last Will and Testament (if any)
- Certified Death Certificate
- Filing fee ($30.00)
- Acceptance of Appointment by Personal Representative
The Chaves County Clerk offers a Probate Packet for purchase ($5.00) which contains necessary forms.
Step 3: Provide Notice
After appointment, you must:
- Mail notice of the appointment to all heirs, devisees, and known creditors within 30 days.
- Publish notice to unknown creditors in a newspaper of general circulation in Chaves County (e.g., Roswell Daily Record) once a week for three successive weeks.
Step 4: Administration and Inventory
The court clerk typically issues Letters Testamentary or Letters of Administration immediately upon approval of an informal application. No hearing is usually required for informal probate. Once appointed, the Personal Representative must:
- Prepare an Inventory of estate assets within 3 months of appointment.
- Notify creditors and allow the statutory claim period to pass (4 months from first publication).
Step 5: Close the Estate
After paying valid debts, taxes, and expenses:
- Distribute remaining assets to beneficiaries/heirs.
- File a Verified Statement of Personal Representative to Close Estate to conclude the matter.
Local Requirements
Chaves County-Specific Procedures
- Probate Packets: The County Clerk provides a pre-printed probate packet for a $5.00 fee, which is highly recommended for pro se applicants.
- Venue: Informal probate is filed with the Probate Court (County Clerk); Formal/Contested probate is filed with the District Court.
- Recording: Real estate deeds and other property transfers are recorded with the Chaves County Clerk ($25.00 recording fee).
- Publication: Notice is typically published in the Roswell Daily Record.
Timeline & Fees
Filing Fees (Chaves County)
- Informal Probate (Opening): $30.00
- Probate Packet: $5.00
- Certified Copies: $0.50 per document + $0.15 per page (approximate)
- Recording Fee: $25.00 per document
- Formal Probate (District Court): Approximately $132.00
- Publication Costs: Varies by newspaper (approx. $100-$200)
Payment Methods
The court accepts cash, checks, money orders, and credit/debit cards (convenience fees may apply).
Estimated Timelines
- Small Estate Affidavit: Can be used 30 days after death.
- Informal Probate: Letters often issued same-day or within a few days of filing.
- Creditor Claim Period: 4 months after first publication of notice.
- Average Estate Settlement: 6-12 months.
Local Resources
Chaves County Court Resources
- County Clerk / Probate Website: chavescounty.gov
- NM Supreme Court Self-Help: nmcourts.gov
- State Probate Forms: nmsupremecourt.nmcourts.gov
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
- Roswell Daily Record: (575) 622-7710 — Newspaper of general circulation in Roswell and Chaves County.