Overview
Doña Ana County is located in New Mexico with a population of approximately 220,000. The Doña Ana County Probate Court handles informal probate proceedings, while the Third 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 1978, Chapter 45). The process often begins with filing an Application for Informal Probate of Will and for Informal Appointment of Personal Representative (Form 4B-302) for testate estates or Application for Informal Appointment of Administrator (Form 4B-301) for intestate estates 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 of Successor in Interest if the value of the estate (excluding liens and encumbrances) is $50,000 or less and the estate contains no real property.
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 Doña Ana 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
Doña Ana County Probate Court
Probate matters in Doña Ana County are primarily handled at the Doña Ana County Government Center.
Address: 845 N. Motel Blvd., Rm. 1-201, Las Cruces, NM 88007
Phone: (575) 525-6132 (Probate Judge's Office)
Probate Judge: Judith Ann Baca (term: Jan. 1, 2023 – Dec. 31, 2027)
Hours:
- Judge Baca: Tuesday, Wednesday, Thursday: 10:00 AM–12:00 PM and 1:00 PM–5:00 PM
- Probate Judge Assistant Norma Roberts: Monday, Tuesday, Thursday: 8:00 AM–5:00 PM (lunch 12:00 PM–1:00 PM); Wednesday: 8:00 AM–2:00 PM
- Probate Court is closed on Friday
The Probate Court handles informal, uncontested probate cases. If the case is contested or requires formal proceedings, it must be filed with the Third Judicial District Court located at 201 W. Picacho Ave., Las Cruces, NM 88005.
Parking and Access
Free public parking is available at the Doña Ana County Government Center. The building is ADA accessible with security screening at the main entrance.
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 (personal property only) and 30 days have passed since death, you may use an Affidavit of Successor in Interest to collect assets.
- Transfer on Death: Real estate with a recorded Transfer on Death Deed or 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 (Form 4B-302 for testate estates or Form 4B-301 for intestate estates) with the Doña Ana County Probate Court. Include:
- Original Will (if one exists)
- Certified Death Certificate
- Application for Informal Appointment of Personal Representative
- Filing fee ($30.00 for Probate Court)
- Order of Informal Appointment and Letters Testamentary/Administration
Note: If the estate involves disputes or complex issues, you may need to file a Petition for Formal Probate with the District Court (filing fee approx. $132.00).
Step 3: Provide Notice
After appointment, you must:
- Mail notice to all heirs, devisees, and known creditors within 30 days of appointment.
- Publish notice to unknown creditors in a newspaper of general circulation in Doña Ana County (e.g., Las Cruces Sun-News) once a week for three successive weeks.
Step 4: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors: Creditors have two months from the date of first publication to file claims.
- Inventory and appraise all estate assets within three months of appointment.
- 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 to close the estate informally.
Local Requirements
Doña Ana County-Specific Procedures
- Court Jurisdiction: Doña Ana County has a dedicated Probate Court for informal proceedings. Formal/contested matters go to the District Court.
- Recording Fees: The County Clerk charges $25.00 to record documents such as the Proof of Authority or Deeds.
- Publication: Notice to Creditors is typically published in the Las Cruces Sun-News.
- Local Forms: The county accepts the standard New Mexico Supreme Court probate forms.
Always check with the court clerk for the most current local rules regarding e-filing and document formatting.
Timeline & Fees
Filing Fees (Doña Ana County)
- Probate Court Docket Fee (Informal): $30.00
- District Court Docket Fee (Formal): $132.00
- Recording Fee: $25.00 per document
- Certified Copies: $1.00 per document (Probate Court)
- Publication costs: approximately $100-$150 depending on the length of the notice
Payment Methods
The court accepts cash, checks, money orders, and credit/debit cards (subject to convenience fees).
Estimated Timelines
- Simple estates (informal, no disputes): 6-9 months
- Average estates: 9-18 months
- Complex or contested estates: 18 months to 2+ years
The creditor claim period in New Mexico is two months following the first publication of notice.
Local Resources
Doña Ana County Court Resources
- Probate Court Website: donaana.gov
- NM Courts Self-Help: selfrepresentation.nmcourts.gov
- State Probate Forms: 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
- Las Cruces Sun-News: (575) 541-5400 — lcsun-news.com