Overview
Colfax County is located in New Mexico with a population of approximately 12,307. The Colfax County Probate Court handles all informal probate and estate matters for decedents who were domiciled in the county at the time of death. Formal probate and contested matters are heard by the Eighth Judicial District Court.
New Mexico probate is governed by the Uniform Probate Code (Chapter 45 NMSA 1978). The process begins with filing an Application for Informal Appointment of Personal Representative (Form 4B-101) 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 valued at $50,000 or less (personal property only) via a Small Estate Affidavit. There is also a process for transferring a homestead to a surviving spouse by affidavit if the value is under $500,000 (subject to specific statutory requirements).
The filing fee for opening an informal probate is $30.00. New Mexico does not have a statutory fee schedule for attorneys or personal representatives; fees must be reasonable based on the services provided.
This guide provides an informational overview of the Colfax 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
Colfax County Probate Court
Probate matters in Colfax County are handled at the Colfax County Building.
Address: 230 N 3rd St, Raton, NM 87740
Phone: (575) 445-9565 (Probate Judge)
Hours: Tuesday and Thursday, 8:00 AM to 12:00 PM
The Probate Court is a part-time court. For formal probate or contested matters, contact the Eighth Judicial District Court located at 1413 S. 2nd St., Raton, NM 87740.
Parking and Access
Public parking is available around the county building. The facility is accessible to persons with disabilities.
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 (no real estate), you may be able to collect assets using an affidavit after a 30-day waiting period.
- Transfer on Death: Real estate with a recorded Transfer on Death Deed and accounts with beneficiary designations 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/or Appointment of Personal Representative with the Colfax County Probate Court. Include:
- Original Will (if any)
- Certified Death Certificate
- Application for Informal Appointment (Form 4B-101 or similar)
- Order of Informal Appointment
- Acceptance of Appointment
- Filing fee of $30.00
Step 3: Provide Notice
After filing, you must:
- Mail notice (Form 4B-201) to all heirs, beneficiaries, and interested parties within 10 days of appointment.
- Publish notice to creditors in a newspaper of general circulation in Colfax County (e.g., The Raton Range) once a week for three successive weeks.
Step 4: Administration
The court clerk issues Letters Testamentary or Letters of Administration upon acceptance of the application. No hearing is typically required for informal probate.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors and allow 2 months (if notified by mail) or 4 months (from first publication) for claims.
- Inventory and appraise all estate assets within 3 months.
- 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 (Form 4B-501) no earlier than 3 months after appointment.
Local Requirements
Colfax County-Specific Procedures
- Part-Time Judge: The Probate Judge has limited office hours (Tuesdays and Thursdays). It is advisable to call ahead or schedule an appointment.
- Recording: Documents are recorded with the Colfax County Clerk. Recording fees are typically $25.00 for the first page.
- Publication: Notice to creditors is typically published in The Raton Range or The World Journal.
Always check with the court clerk for the most current local rules and form requirements.
Timeline & Fees
Filing Fees (Colfax County)
- Informal Probate Filing: $30.00
- Recording Fee: $25.00 (varies by document length)
- Certified Copies: ~$1.50 - $3.00 per page/document
- Publication costs: approximately $100-$200 depending on the newspaper
Payment Methods
The court accepts cash, checks, and money orders. Credit cards may be accepted with a convenience fee; verify with the clerk.
Estimated Timelines
- Simple estates (informal): 4-6 months (minimum 3 months to close)
- Average estates: 6-9 months
- Complex or contested estates: 12 months to 2+ years
Creditors have 4 months from the date of first publication to file claims, which sets the minimum timeline for closing an estate.
Local Resources
Colfax County Court Resources
- Court Website: co.colfax.nm.us
- NM Courts Self-Help: selfrepresentation.nmcourts.gov
- State Probate Forms: Supreme Court Law Library
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
- The Raton Range: (575) 445-2721 — Newspaper of general circulation in Raton
- The World Journal: (719) 738-1415 — Regional newspaper serving Colfax County