Where do I file for probate in Roosevelt County?

For informal, uncontested probate, file with the Roosevelt County Probate Court (County Clerk's Office) at 109 W 1st Street, Lobby Box 4, Portales. For contested matters, file with the Ninth Judicial District Court.

How much does probate cost in Roosevelt County?

Filing fees are approximately $30 for informal probate and $132 for formal probate. Publication costs typically range from $100 to $200.

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

Yes, if the estate contains no real property and is valued at $50,000 or less, you may use a Small Estate Affidavit (Affidavit of Successor in Interest) after a 30-day waiting period.

How long does probate take in Roosevelt County?

Simple informal estates typically take 4-6 months, largely due to the 4-month creditor claim period. Complex or contested estates can take significantly longer.

Do I need an attorney for probate in Roosevelt County?

New Mexico does not require an attorney for informal probate, and many people handle simple estates themselves using the court's forms. However, consulting an attorney is recommended for complex estates or if disputes arise.

What is the difference between the Probate Court and District Court?

The Probate Court (Judge) has limited jurisdiction and only handles informal, uncontested proceedings. The District Court handles formal probate, contests, and disputes.

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

Overview

Roosevelt County is located in New Mexico with a population of approximately 19,000. The Roosevelt County Probate Court handles informal, uncontested probate matters, while the Ninth Judicial District Court handles formal, contested, and complex 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 Chapter 45). The process often 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.

New Mexico offers a simplified procedure for small estates. If the value of the estate (excluding liens and encumbrances) does not exceed $50,000 and includes no real property, successors may use an Affidavit of Successor in Interest after a 30-day waiting period. For estates with a surviving spouse, a summary administration procedure may also be available for the homestead allowance and family allowance.

There are generally 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 Roosevelt 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

Roosevelt County Probate Court

Probate matters in Roosevelt County are primarily handled at the Roosevelt County Courthouse.

Address: 109 W 1st Street, Lobby Box 4, Portales, NM 88130

Phone: (575) 356-8562 (County Clerk/Probate)

Hours: Monday through Friday, 8:00 AM to 5:00 PM

The Probate Court is located within the County Clerk's office. For contested matters or formal probate, cases are filed with the Ninth Judicial District Court, also located in Portales (Phone: 575-359-6920).

Parking and Access

Public parking is available around the courthouse square and on adjacent streets. The building is accessible to persons with disabilities.

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 be able to collect assets via affidavit without court appointment.
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 with the Roosevelt County Probate Court (for uncontested matters). Include:

Original Will (if one exists)
Certified Death Certificate
Application for Appointment of Personal Representative
Filing fee (typically $30.00 for informal probate)
Acceptance of Appointment

Note: The County Clerk offers a probate packet for purchase (approx. $5.00) containing necessary forms.

Step 3: Provide Notice

After filing, you must:

Mail notice (Notice of Informal Appointment) to all heirs, devisees, and interested parties within 10 days of appointment.
Publish notice to creditors in a newspaper of general circulation in Roosevelt County (e.g., The Eastern New Mexico News) once a week for two consecutive weeks (or three, depending on specific court instruction, though statute typically requires notice to creditors).

Step 4: Administer the Estate

After receiving Letters, the personal representative must:

Notify known creditors and allow the statutory period for claims (typically 2 months after mailed notice or 4 months after publication).
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.

Step 5: Close the Estate

File a Verified Statement of Personal Representative to Close Estate no earlier than 3 months after appointment and after the creditor claim period has expired.

Local Requirements

Roosevelt County-Specific Procedures

Probate Packets: The Roosevelt County Clerk's office provides a pre-printed packet of probate forms for a nominal fee (approx. $5.00).
Jurisdiction: Remember that the Probate Court (Judge) only handles informal proceedings. If a dispute arises or the will is contested, the case must be transferred to or filed in the District Court.
Recording: Real estate transfers often require recording a Deed of Distribution with the County Clerk after the probate process.
Publication: Notice is typically published in The Eastern New Mexico News.

Always check with the County Clerk for the most current local rules regarding document formatting and e-filing availability.

Timeline & Fees

Filing Fees (Roosevelt County)

Informal Probate (Probate Court): approximately $30.00
Formal Probate (District Court): approximately $132.00
Probate Packet: approximately $5.00
Certified copies of Letters: approximately $1.50 - $2.00 per copy
Publication costs: approximately $100-$200 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 before visiting.

Estimated Timelines

Small Estate (Affidavit): Minimum 30 days post-death
Informal Probate (Uncontested): 4-6 months minimum (due to creditor notice periods)
Complex or Contested Estates: 9 months to 2+ years

The creditor claim period significantly influences the timeline. In New Mexico, creditors generally have 4 months from the date of first publication to file claims.

Local Resources

Roosevelt County Court Resources

County Clerk/Probate Website: rooseveltcounty.com
NM Courts Self-Help: selfrepresentation.nmcourts.gov
State Probate Forms: nmcourts.gov/forms

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

The Eastern New Mexico News: (575) 763-3431 — easternnewmexiconews.com

Probate in Roosevelt County, New Mexico: 2026 Guide