Overview
Eddy County is located in New Mexico with a population of approximately 61,436. The Eddy County Probate Court handles all informal probate and estate matters for decedents who were domiciled in the county at the time of death. Formal or contested matters are heard by the Fifth 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 Probate of Will and for Informal 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). This process uses an Affidavit of Successor in Interest and requires a 30-day waiting period after death.
The filing fee for opening an informal probate in Eddy County is $30.00. There are no statutory attorney or executor fees in New Mexico; fees must be reasonable based on the services provided.
This guide provides an informational overview of the Eddy 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
Eddy County Probate Court
Probate matters in Eddy County are handled at the Eddy County Clerk Building.
Address: 325 S Main Street, Carlsbad, NM 88220
Phone: (575) 885-4008 (Probate Judge)
Hours: Tuesday, 1:30 PM to 4:30 PM; Wednesday, 9:00 AM to 12:00 PM
The Probate Court is a part-time position by law. The current Probate Judge is Jay Francis. The County Clerk's office, which accepts filings, is located in the same building.
Parking and Access
Free public parking is available near the County Clerk Building. The building is ADA accessible.
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 use an Affidavit of Successor in Interest after a 30-day waiting period.
- Transfer on Death: Real estate with a 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 with the Eddy County Probate Court. Include:
- Application for Informal Probate and Appointment of Personal Representative
- Original will and codicils (if any)
- Certified death certificate
- Filing fee of $30.00
- Order of Informal Probate and Appointment
- Acceptance of Appointment
E-filing is generally not available for the Probate Court; documents are typically filed in person or by mail.
Step 3: Provide Notice
After filing, you must:
- Mail notice of the appointment to all heirs, beneficiaries, and interested parties within 10 days of appointment.
- Publish notice to creditors in a newspaper of general circulation in Eddy County (such as the Carlsbad Current-Argus) once a week for three successive weeks.
Step 4: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors: Creditors have 4 months from the date of first publication to file claims.
- Inventory and appraise all estate assets within 3 months of appointment.
- Pay valid creditor claims and estate 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.
Local Requirements
Eddy County-Specific Procedures
- Filing Method: The Eddy County Probate Court typically accepts filings in person or by mail.
- Forms: The court accepts the standard New Mexico Supreme Court probate forms. The County Clerk may offer a printed packet of forms for a small fee (approx. $5).
- Publication: Notice must be published in a newspaper of general circulation in Eddy County, such as the Carlsbad Current-Argus or Artesia Daily Press, for three successive weeks.
Always check with the County Clerk's office for the most current local rules regarding document formatting and payment methods.
Timeline & Fees
Filing Fees (Eddy County)
- Informal Probate Filing Fee: approximately $30.00
- Certified copies of Letters: approximately $1.50 per document (plus copy fees)
- Publication costs: approximately $100-$200 depending on the newspaper
- Recording fees: varies by document length (typically $25 for the first 10 entries)
New Mexico does not have a statutory fee schedule for attorneys or personal representatives; fees must be "reasonable."
Payment Methods
The court accepts cash, checks, and money orders. Credit cards may be accepted but often carry a convenience fee.
Estimated Timelines
- Simple estates (informal): 6-9 months
- Average estates: 9-18 months
- Complex or contested estates: 18 months to 2+ years
The creditor claim period is 4 months from the first date of publication, which sets a minimum timeline for closing the estate.
Local Resources
Eddy County Court Resources
- Court Website: co.eddy.nm.us
- Probate Self-Help: New Mexico Courts Self-Help
- New Mexico 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
- Carlsbad Current-Argus: (575) 887-5501 — currentargus.com
- Artesia Daily Press: (575) 746-3524 — artesianews.com