Overview
San Juan County is located in New Mexico with a population of approximately 120,817. The San Juan County Probate Court handles informal probate matters, while the Eleventh Judicial District Court handles formal and contested 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 of Will and for Informal Appointment of Personal Representative (Form 4B-101) 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 small estates valued at $50,000 or less (excluding liens and encumbrances), New Mexico offers a simplified Affidavit for Collection of Personal Property procedure. This affidavit can be used 30 days after death if there is no application for a personal representative pending or granted.
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 San Juan 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
San Juan County Probate Court
Probate matters in San Juan County are primarily handled at the San Juan County Administration Building.
Address: 100 South Oliver, Aztec, NM 87410
Phone: (505) 334-9481 (County Clerk/Probate)
Hours: Monday through Thursday, 7:00 AM to 5:30 PM
The Probate Court is located within the County Clerk's office. For formal or contested matters, cases are heard by the Eleventh Judicial District Court at 103 South Oliver Drive, Aztec, NM 87410.
Parking and Access
Free public parking is available in the lot adjacent to the County Administration Building. Security screening is required upon entry.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Small Estate Affidavit: If the estate consists of personal property valued at $50,000 or less, you may use an Affidavit for Collection of Personal Property after a 30-day waiting period.
- Transfer on Death: Assets with beneficiary designations (like bank accounts or TOD deeds) 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 (Form 4B-101) with the San Juan County Probate Court. Include:
- Original Will (if applicable)
- Certified Death Certificate
- Order of Informal Probate (Form 4B-102)
- Acceptance of Appointment (Form 4B-105)
- Letters Testamentary or Administration (Form 4B-107)
- Filing fee of $30.00
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 (Form 4B-201) to all heirs, beneficiaries, and interested parties within 10 days of appointment.
- Publish notice to creditors in a newspaper of general circulation in San Juan County, such as the Tri-City Record, once a week for three successive weeks.
Step 4: Attend the Hearing
For informal probate, there is typically no hearing. The Probate Judge reviews the application and, if everything is in order, signs the Order and issues Letters Testamentary or Letters of Administration. Formal probate in District Court will require scheduled hearings.
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
- 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 (Form 4B-501)
Local Requirements
San Juan County-Specific Procedures
- Filing Venue: Informal probates are filed with the Probate Court (County Clerk's Office). Formal probates are filed with the District Court Clerk.
- Original Will: The original will must be filed with the court; copies are generally not accepted for informal probate.
- Publication: Notice to creditors is typically published in the Tri-City Record.
- Recording: If the estate includes real property, a deed of distribution must be recorded with the County Clerk after the estate is settled.
Always check with the County Clerk's office for the most current local rules regarding document formatting and submission.
Timeline & Fees
Filing Fees (San Juan County)
- Informal Probate (Probate Court): $30.00
- Formal Probate (District Court): approximately $132.00
- Certified copies of Letters: approximately $1.50 per page + certification fee
- Publication costs: approximately $100-$200 depending on the newspaper
- Recording fees: $25.00 for the first page, $10.00 for each additional page
New Mexico law requires attorney and personal representative fees to be reasonable; there is no statutory percentage.
Payment Methods
The court accepts cash, checks, and money orders. Credit cards may be accepted with a convenience fee.
Estimated Timelines
- Simple estates (informal, no disputes): 6-9 months
- Average estates: 9-12 months
- Complex or contested estates: 12 months to 2+ years
The creditor claim period is 2 months following the first publication of notice. The estate cannot be closed until this period has expired.
Local Resources
San Juan County Court Resources
- Court Website: https://www.sjcounty.net/elected-officials/probate-judge
- Probate Self-Help: https://selfrepresentation.nmcourts.gov/sample-page/probate/
- New Mexico Probate Forms: https://nmcourts.gov/forms-files/probate/
Legal Aid and Attorney Referrals
- State Bar of New Mexico: (505) 797-6000 — https://www.sbnm.org/
- New Mexico Legal Aid: (833) 545-4357 — Provides civil legal assistance to low-income residents.
- San Juan County Bar Association: Local attorney listings available via State Bar directory.
Publication
- Tri-City Record: (505) 564-4600 — https://www.tricityrecordnm.com/