Overview
Curry County is located in New Mexico with a population of approximately 47,156. The Curry County Probate Court handles informal probate matters, while the Ninth 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 (NMSA Chapter 45). The process 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 valued at $50,000 or less (less liens and encumbrances) via a Small Estate Affidavit. This allows successors to collect assets without full probate administration.
There are no statutory attorney fees in New Mexico; fees are generally based on a reasonable hourly rate or flat fee agreed upon by the personal representative and the attorney. Personal representatives are also entitled to reasonable compensation.
This guide provides an informational overview of the Curry 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
Curry County Probate Court
Informal probate matters in Curry County are handled at the Curry County Courthouse.
Address: 417 Gidding St., Suite #130, Clovis, NM 88101
Phone: (575) 763-5591 (Probate Judge)
Hours: Monday through Friday, 8:00 AM to 5:00 PM (verify current hours with the court)
The Probate Court is located in the Curry County Administration Complex. The current Probate Judge is Hollie Barnett. For formal probate or contested matters, filings are made with the Ninth Judicial District Court, also located in Clovis.
Parking and Access
Public parking is available around the courthouse and administration building. Visitors must pass through security screening upon entry.
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 (less liens and encumbrances), you may be able to use an affidavit to collect assets after a 30-day waiting period.
- Non-Probate Transfers: Assets with beneficiary designations (POD/TOD), joint tenancy with rights of survivorship, or 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 Curry County Probate Court. Include:
- Original Will (if applicable)
- Certified Death Certificate
- Application for Informal Probate
- Order of Informal Probate
- Acceptance of Appointment
- Filing fee ($30.00 for informal probate)
For formal probate, a Petition must be filed with the District Court (filing fee approx. $132.00).
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 Curry County (such as The Eastern New Mexico News) once a week for three successive weeks.
Step 4: Administer the Estate
After receiving Letters, the personal representative must:
- Prepare an Inventory of estate assets within 3 months of appointment.
- Notify known creditors and allow the statutory period for claims (2 months after publication or 3 years from death if no notice is published).
- Pay valid debts, taxes, and administrative expenses.
- Distribute remaining assets to beneficiaries.
Step 5: Close the Estate
Once administration is complete, file a Verified Statement of Personal Representative to Close Estate to conclude the process.
Local Requirements
Curry County-Specific Procedures
- Forms: The court accepts New Mexico Supreme Court approved forms. A packet is available from the County Clerk for a small fee (approx. $5.00).
- Judicial Assignment: The Probate Judge handles informal, uncontested matters. If a dispute arises, the case must be transferred to the District Court.
- Publication: Notice to creditors is typically published in The Eastern New Mexico News.
- Recording: Real estate deeds and other property transfers are recorded with the Curry County Clerk's office in the same building.
Timeline & Fees
Filing Fees (Curry County)
- Informal Probate (Probate Court): $30.00
- Formal Probate (District Court): approximately $132.00
- Probate Packet: approximately $5.00
- Certified Copies: approximately $1.50 - $2.00 per document/page
- 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.
Estimated Timelines
- Small Estate Affidavit: 30-day waiting period after death.
- Simple Informal Probate: 6-9 months (minimum 2 months for creditor claims).
- Complex or Contested Estates: 9 months to 2+ years.
The timeline is largely driven by the creditor claim period (4 months from publication in some contexts, though NM specific statute often cites 2 months after notice for barring claims, or 3 years if no notice).
Local Resources
Curry County Court Resources
- Court Website: currycountynm.gov
- Probate Self-Help: NM Courts Self-Help
- NM Supreme Court Forms: Probate 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
- The Eastern New Mexico News: (575) 763-3431 — easternnewmexiconews.com