Overview
Taos County is located in New Mexico with a population of approximately 34,482. The Taos 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 New Mexico Uniform Probate Code (NMSA Chapter 45). The process begins with filing an Application for Informal Probate of Will and Appointment (Form 4B-302) for testate estates or Application for Informal Appointment (Form 4B-301) for intestate estates 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 Small Estate Affidavit procedure for estates valued at $50,000 or less (personal property only), provided there is no real property and at least 30 days have passed since death.
New Mexico does not have a statutory fee structure for attorneys or personal representatives; fees must be reasonable based on services provided.
This guide provides an informational overview of the Taos 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
Taos County Probate Court
Probate matters in Taos County are handled at the Taos County Probate Court.
Address: 105 Albright St, Suite E, Taos, NM 87571
Phone: (575) 737-6391 (Probate Court)
Hours: Part-time office; cases and correspondence reviewed by Judge Suzanne Valerio on Mondays and Wednesdays only
The Probate Court is located in the Taos County Complex. It handles informal probate proceedings. For formal probate or contested matters, cases are heard in the Eighth Judicial District Court.
Parking and Access
Free parking is available at the Taos County Complex.
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 and includes no real estate, you may use an affidavit to collect assets 30 days after death.
- Transfer on Death Deed: Real property can be transferred without probate if a valid Transfer on Death Deed was recorded before the decedent's death.
- Trust administration: Assets held in a living trust generally do not require probate.
Step 2: File the Petition
If formal probate is needed, file an Application for Informal Probate of Will and Appointment (Form 4B-302) for testate estates or Application for Informal Appointment (Form 4B-301) for intestate estates with the Taos County Probate Court. Include:
- Original Will (if applicable)
- Certified Death Certificate
- Order of Informal Appointment (Form 4B-103)
- $30.00 filing fee
- Acceptance of Appointment (Form 4B-105)
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 hearing to all heirs, beneficiaries, and interested parties at least 14 days before the hearing (or within 10 days after appointment for informal probate)
- Publish notice in a newspaper of general circulation in Taos County for three successive weeks
Step 4: Attend the Hearing
The court will schedule a hearing on the petition, typically 2 to 4 weeks after filing. At the hearing, the judge reviews the petition and, if approved, issues Letters Testamentary or Letters of Administration. Note: Informal probate often does not require a hearing if uncontested.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify known creditors within 3 months of appointment
- Inventory and appraise all estate assets within 90 days
- Pay valid creditor claims
- File federal and state tax returns as needed
- Distribute assets to beneficiaries
- File a final accounting and petition for discharge
Local Requirements
Taos County-Specific Procedures
- Original Will: The original will must be filed with the court; copies are not accepted for probate.
- Appointment: The Probate Judge is a part-time official who reviews cases on Mondays and Wednesdays only; call ahead to ensure availability for signing orders.
- Recording: Real estate transfers require recording a deed with the County Clerk ($25 fee).
- Publication: Notice must be published in a newspaper of general circulation in Taos County for three successive weeks.
The Probate Court only handles informal, uncontested probates. Contested matters must be filed in the District Court.
Timeline & Fees
Filing Fees (Taos County)
- Informal Probate Application: approximately $30.00
- Recording Fee (per document): approximately $25.00
- Certified copies of Letters: approximately $2.00 per certified copy
- Publication costs: approximately $100-$150 depending on the newspaper
- Packet of Forms: $5.00
New Mexico does not have a statutory fee schedule; fees must be reasonable.
Payment Methods
The court accepts cash, cashier's checks, or money orders. Personal checks are often not accepted for new cases.
Estimated Timelines
- Simple estates (no disputes, limited assets): 4-6 months
- Average estates: 6-9 months
- Complex or contested estates: 9 months to 2 years
Creditor claim period is 4 months after publication, which sets the minimum timeline.
Local Resources
Taos County Court Resources
- Court Website: taoscounty.org
- Probate Self-Help: New Mexico Courts Self-Help Guide
- New Mexico Supreme Court Forms: Official Probate Forms (4B Series)
Legal Aid and Attorney Referrals
- State Bar of New Mexico: (505) 797-6000 — Legal resources and attorney directory
- New Mexico Legal Aid: (833) 545-4357 — Free legal assistance for eligible low-income residents
- State Bar of New Mexico: sbnm.org
Publication
- The Taos News: (575) 758-2241 — Weekly newspaper of general circulation
- Santa Fe New Mexican: (505) 983-3303 — Regional newspaper covering Northern New Mexico