Overview
De Baca County is located in New Mexico with a population of approximately 1,657. The De Baca County Probate Court handles informal, uncontested probate matters, while the Tenth Judicial District Court handles contested cases and formal probate.
New Mexico probate is governed by the Uniform Probate Code (NMSA 1978, Chapter 45). The process often 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.
For smaller estates, New Mexico offers a simplified procedure using an Affidavit for Collection of Personal Property if the estate value is $50,000 or less and includes no real property (or real property has been otherwise transferred).
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 De Baca 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
De Baca County Probate Court
Probate matters in De Baca County are primarily handled at the De Baca County Courthouse.
Address: 248 Ave C, PO Box 34, Fort Sumner, NM 88119
Phone: (575) 355-2601 (County Clerk)
Hours: Monday through Friday, 8:00 AM to 12:00 PM and 1:00 PM to 5:00 PM (closed for lunch)
The Probate Court is located within the historic De Baca County Courthouse. The County Clerk serves as the clerk of the probate court for informal proceedings.
Parking and Access
Street parking is generally available around the courthouse square in Fort Sumner. 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 is valued at $50,000 or less (excluding liens and encumbrances) and contains no real property, you may be able to use an Affidavit for Collection of Personal Property after a 30-day waiting period.
- Transfer on Death: Assets with beneficiary designations or TOD/POD clauses 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 (Form 4B-101) with the De Baca County Probate Court. Include:
- Original Will (if one exists)
- Certified Death Certificate
- Order of Informal Appointment (Form 4B-104 or similar)
- Acceptance of Appointment (Form 4B-105)
- Filing fee of $30.00
E-filing may be available for District Court cases, but informal probate filings are typically done in person or by mail with the County Clerk.
Step 3: Provide Notice
After appointment, you must:
- Mail notice (Form 4B-201) to all heirs, devisees, and known creditors within 30 days of appointment.
- Publish notice to unknown creditors in a newspaper of general circulation in De Baca County, such as the De Baca County News, once a week for three successive weeks.
Step 4: Administer the Estate
After receiving Letters, the personal representative must:
- Inventory estate assets within 3 months of appointment.
- Notify creditors and allow the statutory period for claims (2 months after publication or 1 year from death if no notice is given).
- Pay valid creditor claims and estate expenses.
- File federal and state tax returns as needed.
- Distribute 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 matter.
Local Requirements
De Baca County-Specific Procedures
- Filing Venue: Uncontested informal probates are filed with the Probate Court (County Clerk). Contested matters must be transferred to the Tenth Judicial District Court.
- Publication: Notice to creditors is typically published in the De Baca County News.
- Waiting Period: You must wait at least 120 hours (5 days) after the decedent's death before filing for probate.
Always check with the De Baca County Clerk's office for the most current local forms and requirements.
Timeline & Fees
Filing Fees (De Baca County)
- Informal Probate Application: approximately $30.00
- Certified Copies: approximately $1.50 per page/document (varies)
- Publication costs: approximately $50-$100 depending on the newspaper and length of notice
- Recording Fees: Varies by document type
Payment Methods
The court typically accepts cash, checks, or money orders. Confirm with the clerk before mailing payment.
Estimated Timelines
- Simple estates: 6-9 months (minimum creditor period is 2 months after notice)
- Average estates: 9-18 months
- Complex or contested estates: 18 months to 2+ years
The creditor claim period in New Mexico is generally 2 months following the first publication of notice to creditors. If no notice is published, claims may be barred 1 year after the decedent's death.
Local Resources
De Baca County Court Resources
- Tenth Judicial District: tenthdistrict.nmcourts.gov
- NM Courts Self-Help: nmcourts.gov/self-help
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
- De Baca County News: (575) 355-2462 — Local newspaper for legal notices