Where do I file for probate in McKinley County?

For informal probate, file with the McKinley County Probate Court (County Clerk's Office) at 207 West Hill Ave, Gallup, NM. For formal probate, file with the 11th Judicial District Court at the same address.

How much does probate cost in McKinley County?

The filing fee is $30.00 for informal probate and approximately $132.00 for formal probate. Publication costs typically range from $100 to $150.

Can I avoid probate in McKinley County with a small estate?

Yes, if the estate consists of personal property valued at $50,000 or less and there is no real property, you can use a Small Estate Affidavit after a 30-day waiting period.

How long does probate take in McKinley County?

Simple informal estates typically take 6-9 months. The estate must remain open for at least 3 months, and creditors have 2 months after publication to file claims.

Do I need an attorney for probate in McKinley County?

New Mexico does not require an attorney for informal probate, and many people handle it themselves using the self-help forms. However, for contested matters or formal probate in District Court, consulting an attorney is highly recommended.

Where do I publish the Notice to Creditors?

Notice should be published in a newspaper of general circulation in the county, such as the Gallup Independent.

McKinley County Probate Guide: Courts, Fees & Process (2026)

Overview

McKinley County is located in New Mexico with a population of approximately 69,000. The McKinley County Probate Court handles all informal, uncontested 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 11th Judicial District Court.

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 (Form 4B-201) 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. If the value of the estate, less liens and encumbrances, is $50,000 or less and contains no real property, successors may use a Small Estate Affidavit to collect assets 30 days after death.

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 McKinley 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

McKinley County Probate Court

Probate matters in McKinley County are handled at the McKinley County Courthouse.

Address: 207 West Hill Ave, Gallup, NM 87301

Phone: (505) 863-6866 (County Clerk / Probate Judge)

Hours: Probate Judge's office schedule varies by month. For more information or to schedule an appointment, please call the Clerk's office at (505) 863-6866.

The Probate Court is located within the County Clerk's office. The Probate Judge (Monica Martinez) typically handles informal proceedings. For formal probate or contested cases, filings are made with the 11th Judicial District Court located in the same building (Room 200, Phone: 505-863-6816).

Parking and Access

Public parking is available around the courthouse and in designated lots near West Hill Avenue. The building is accessible to the public during business hours with security screening at the 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 to collect assets.
Transfer on Death (TOD): Real estate with a TOD deed or bank accounts with POD designations transfer automatically.
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-201) with the McKinley County Probate Court. Include:

Original Will (if any)
Certified Death Certificate
Order of Informal Probate (Form 4B-209)
Acceptance of Appointment (Form 4B-205)
Filing fee (approximately $30.00)

For formal probate, a Petition must be filed with the District Court (filing fee approx. $132.00).

Step 3: Provide Notice

After filing, you must:

Mail notice (Form 4B-206) to all heirs, beneficiaries, and interested parties within 10 days of appointment.
Publish notice (Form 4B-302) in a newspaper of general circulation in McKinley County (e.g., Gallup Independent) once a week for three successive weeks.

Step 4: Administration and Hearing

For informal probate, there is typically no hearing unless an objection is filed. The Probate Judge reviews the application and issues Letters. For formal probate in District Court, a hearing will be scheduled.

Step 5: Administer the Estate

After receiving Letters, the personal representative must:

Notify creditors (creditors have 2 months from 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 Closing Statement of the Personal Representative (Form 4B-701) no earlier than 3 months after appointment.

Local Requirements

McKinley County-Specific Procedures

Filing Location: Informal probate is filed with the Probate Court (County Clerk's Office); Formal probate is filed with the District Court Clerk.
Forms: McKinley County utilizes the standard New Mexico Supreme Court Probate Forms (Series 4B).
Publication: Notice to Creditors must be published in a newspaper of general circulation in McKinley County, such as the Gallup Independent.
Recording: Real estate transfers are recorded with the McKinley County Clerk.

Always check with the County Clerk's office for the most current local rules regarding document formatting and payment methods.

Timeline & Fees

Filing Fees (McKinley County)

Informal Probate (Probate Court): approximately $30.00
Formal Probate (District Court): approximately $132.00
Certified copies of Letters: approximately $1.50 - $3.00 per copy
Publication costs: approximately $100-$150 depending on the newspaper and length of notice
Recording Fees: $25.00 for the first 10 entries (deeds, etc.)

New Mexico law allows for "reasonable compensation" for attorneys and personal representatives, but does not set a specific percentage.

Payment Methods

The court accepts cash, checks, money orders, and credit/debit cards (fees may apply).

Estimated Timelines

Simple estates (informal): 6-9 months
Average estates: 9-15 months
Complex or contested estates: 18 months to 2+ years

Creditors have 2 months from the date of first publication to file claims (or 1 year from death if no notice is published). The estate cannot be closed until at least 3 months after the appointment of the personal representative.

Local Resources

McKinley County Court Resources

Court Website: co.mckinley.nm.us
Probate Self-Help: selfrepresentation.nmcourts.gov
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

Gallup Independent: (505) 863-6811 — gallupindependent.com
Navajo Times: (928) 871-1130 — navajotimes.com

Probate in McKinley County, New Mexico: 2026 Guide