Overview
Los Alamos County is located in New Mexico with a population of approximately 19,400. The Los Alamos County Probate Court handles all probate and 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 (Chapter 45 of the New Mexico Statutes). The process begins with filing a Application for Informal Probate of Will and for Informal Appointment of Personal Representative (Form 4B-302) 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 estates valued at $50,000 or less (less liens and encumbrances), New Mexico offers a simplified Small Estate Affidavit procedure that allows heirs to collect assets without full probate court administration.
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 Los Alamos 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
Los Alamos County Probate Court
Probate matters in Los Alamos County are handled at the Los Alamos County Municipal Building.
Address: 1000 Central Avenue, Suite 240, Los Alamos, NM 87544
Phone: (505) 663-1732 (Probate Court) | Alternate: (505) 709-8148
Hours: By appointment only
The Probate Court is located within the county administrative offices. The Honorable Perry Klare serves as Probate Judge (term ends December 31, 2026). It is recommended to call ahead to schedule an appointment before visiting.
Parking and Access
Public parking is available at the Municipal Building. The facility 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) and includes no real property, you may be able to use an affidavit to collect assets 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 formal probate is needed, file an Application for Informal Appointment of Personal Representative (Form 4B-301 for no will, or Form 4B-302 with will) with the Los Alamos County Probate Court. Include:
- Original Will and codicils (if any)
- Certified death certificate
- Filing fee ($30.00 for informal probate)
- Order of Informal Probate and Appointment (Form 4B-304 or similar)
- Acceptance of Appointment (Form 4B-305)
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 in a newspaper of general circulation in Los Alamos County (such as the Los Alamos Daily Post) once a week for two consecutive weeks to notify creditors.
Step 4: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors and allow a 2-month period for claims after publication (or 1 year from death if no notice is published).
- Inventory and appraise all estate assets within 90 days 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 Closing Estate (Form 4B-501) no earlier than 3 months after appointment.
Local Requirements
Los Alamos County-Specific Procedures
- Filing Method: The Los Alamos County Probate Court typically accepts filings in person or by mail.
- Judge Availability: The Probate Judge is available by appointment only; call (505) 663-1732 to schedule.
- Publication: Notice to creditors is typically published in the Los Alamos Daily Post.
- Recording: Real estate documents related to the estate are recorded with the County Clerk ($25.00 recording fee).
Always check with the court clerk for the most current local rules and requirements.
Timeline & Fees
Filing Fees (Los Alamos County)
- Informal Probate (Probate Court): $30.00
- Formal Probate (District Court): $132.00
- Recording Fee: $25.00 for the first 10 entries
- Certified Copies: Varies (typically ~$1.50 - $3.00 per page/document)
- Publication costs: Approximately $50-$150 depending on the newspaper and length of notice.
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): 6-9 months
- Average estates: 9-18 months
- Complex or contested estates: 18 months to 3+ years
The creditor claim period (2 months after publication) and the 3-month minimum before closing the estate set the baseline timeline.
Local Resources
Los Alamos County Court Resources
- Court Website: losalamosnm.us
- Probate Self-Help: NM 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
- Los Alamos Daily Post: (505) 662-4185 — ladailypost.com