Overview
Quay County is located in New Mexico with a population of approximately 8,400. The Quay County Probate Court handles informal probate proceedings, while the Tenth Judicial District Court handles formal probate and contested matters.
New Mexico probate is governed by the Uniform Probate Code (NMSA 1978, § 45-1-101 et seq.). The process typically begins with filing an Application for Informal Probate and 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.
For smaller estates, New Mexico offers a simplified procedure using an Affidavit of Successor in Interest if the value of the estate (less liens and encumbrances) is $50,000 or less and the decedent owned no real property (unless the real property is the homestead and valued under the threshold).
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 Quay 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
Quay County Probate Court
Probate matters in Quay County are primarily handled at the Quay County Courthouse. Note that the Probate Judge maintains limited hours.
Address: 300 S. Third Street, Tucumcari, NM 88401
Mailing Address: PO Box 1225, Tucumcari, NM 88401
Phone: (575) 461-0510
Hours: Tuesday and Thursday, 9:00 AM to 11:00 AM
The Tenth Judicial District Court is located in the same building (2nd Floor, Room 200) and handles formal probate matters. Their hours are typically Monday through Friday, 8:00 AM to 12:00 PM and 1:00 PM to 5:00 PM.
Parking and Access
Free parking is generally available around the courthouse square in Tucumcari. The building is accessible to the public during 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 and includes no real property (or only a homestead within the value limit), you may be able to use an Affidavit of Successor in Interest after a 30-day waiting period.
- Transfer on Death: Assets with beneficiary designations (like TOD deeds or payable-on-death accounts) 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 Appointment of Personal Representative with the Quay County Probate Court. Include:
- Original Will (if one exists)
- Certified Death Certificate
- Order of Informal Probate and Appointment of Personal Representative
- Acceptance of Appointment
- Filing fee (approximately $30.00 for informal probate)
Step 3: Provide Notice
After appointment, you must:
- Mail notice (Notice of Informal Probate and Appointment of Personal Representative) to all heirs and devisees within 10 days of appointment.
- Publish notice to creditors in a newspaper of general circulation in Quay County (such as the Quay County Sun) once a week for three successive weeks.
Step 4: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors: Creditors have 2 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 Closing Estate no earlier than 3 months after appointment and after the creditor claim period has expired.
Local Requirements
Quay County-Specific Procedures
- Probate Judge Availability: The Quay County Probate Judge has limited office hours (Tue/Thu 9-11 AM). It is advisable to call ahead or schedule an appointment for filing.
- Formal Probate: Contested matters or those requiring a judge's signature outside of informal proceedings must be filed with the Tenth Judicial District Court clerk.
- Publication: Notice to creditors is typically published in the Quay County Sun.
- Recording: Real estate transfers must be recorded with the Quay County Clerk's office.
Timeline & Fees
Filing Fees (Quay County)
- Informal Probate Application: approximately $30.00
- Formal Probate Petition (District Court): approximately $132.00
- Recording Fees: Varies by document length (typically $25.00 for the first page)
- Publication costs: approximately $100.00 - $150.00 (varies by length)
Payment Methods
The court typically accepts cash, checks, or money orders. Credit cards may not be accepted for all fees; verify with the clerk.
Estimated Timelines
- Small Estate Affidavit: Can be used 30 days after death.
- Informal Probate: Minimum 3-4 months (due to creditor claim period), but often takes 6-9 months.
- Complex or Contested Estates: 12 months or longer.
Local Resources
Quay County Court Resources
- County Website: quaycounty-nm.gov
- Probate Court Info: Quay County Probate Judge
- NM 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
- Quay County Sun: (575) 461-1952 — Newspaper of general circulation in Tucumcari and Quay County.