Overview
Union County is located in New Mexico with a population of approximately 4,079. The Union County Probate Court handles all informal probate matters for decedents who were domiciled in the county at the time of death. Formal probate matters are heard by the Eighth Judicial District Court.
New Mexico probate is governed by the Uniform Probate Code (NMSA 1978, Chapter 45). The process begins with filing an Application 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 smaller estates, New Mexico offers a simplified procedure using an Affidavit of Successor in Interest if the value of the estate (personal property only) does not exceed $50,000 and there is no real property involved.
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 Union 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
Union County Probate Court
Probate matters in Union County are handled at the Union County Courthouse.
Address: 100 Court Street, Clayton, NM 88415
Phone: (575) 374-9491 (County Clerk's Office)
Hours: Monday through Friday, 8:00 AM to 5:00 PM
The Probate Court is located within the historic Union County Courthouse. The County Clerk's office typically accepts filings for informal probate. For formal probate or contested matters, filings are made with the Eighth Judicial District Court clerk.
Parking and Access
Free street parking is generally available around the courthouse square in Clayton. The building is accessible to the public during standard 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 consists of personal property valued at $50,000 or less and includes no real estate, you may be able to use an Affidavit of Successor in Interest after a 30-day waiting period.
- 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 Appointment of Personal Representative with the Union County Probate Court. Include:
- Application for Informal Probate (Form 4B-101)
- Original will and codicils (if any)
- Certified death certificate
- Filing fee ($30.00 for informal probate)
- Order of Informal Appointment (Form 4B-103)
- Acceptance of Appointment (Form 4B-105)
- Letters Testamentary or Letters of Administration (Form 4B-106)
Step 3: Provide Notice
After filing, you must:
- Mail notice of the appointment to all heirs, beneficiaries, and interested parties within 10 days of appointment.
- Publish notice to creditors in a newspaper of general circulation in Union County, such as the Union County Leader, 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.
- File a Verified Statement of Personal Representative to close the estate.
Local Requirements
Union County-Specific Procedures
- Filing Location: Informal probate cases are filed with the Union County Clerk (acting as the clerk for the Probate Court). Formal probate cases are filed with the District Court Clerk.
- Forms: Union County accepts the standard New Mexico Supreme Court probate forms (4B series).
- Publication: Notice to creditors is typically published in the Union County Leader.
- Judicial Assignment: The Probate Judge handles informal, uncontested matters. If a dispute arises, the case may be transferred to the District Court.
Timeline & Fees
Filing Fees (Union 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 $50-$100 depending on the length of the notice
Payment Methods
The court accepts cash, checks, and money orders. Credit cards may be accepted but often carry a convenience fee.
Estimated Timelines
- Simple estates (no disputes, limited assets): 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. If no notice is published, creditors have up to 1 year from the decedent's death to file claims.
Local Resources
Union County Court Resources
- Court Website: unionnm.us
- Probate Self-Help: New Mexico Courts Probate Guide
- NM Probate Forms: Supreme Court Law Library
Legal Aid and Attorney Referrals
- State Bar of New Mexico: (505) 797-6000 — Attorney referral service
- New Mexico Legal Aid: (833) 545-4357 — Assistance for low-income residents
- NM State Bar Lawyer Referral: sbnm.org
Publication
- Union County Leader: (575) 374-8331 — Newspaper of general circulation in Clayton