Finding a will or probate case in New Mexico
Who holds it: Clerk of the probate court, or clerk of the district court, depending on where filed1
On this page
How to search and order
- Certified copies
- Clerk issues certified copies of probated wills and letters on payment of fees1
Fees
- Fees (example)
- Example, Santa Fe County: opening a probate $30.00, packets $10.00, copies $1.00 per page2
More details
- Jurisdiction
- Uncontested cases in probate court; contested go to district court3
- District exclusive
- District court alone hears formal proceedings1
- Concurrent
- District courts share informal probate jurisdiction with probate courts1
- Probate clerk
- County clerk serves as probate clerk unless otherwise provided (cross-reference to N.M. Const. art. VI, sec. 22)4
- Will deposit
- A living person's will may be deposited with any district court clerk; it stays confidential1
Related records in New Mexico
- Courts: court system
- State judiciary: Supreme Court, Court of Appeals, district courts in 13 judicial districts, magistrate courts, the Bernalillo County Metropolitan Court, 33 county probate courts and municipal courts3
- Courts: statewide case search
- caselookup.nmcourts.gov/caselookup New Mexico Courts Case Lookup3
- Courts: fees
- District court civil docket fee $117 for original, reopened, appealed or transferred causes; $107 instead in matters where the Section 40-12-6 domestic relations mediation surcharge is collected4
- Death certificates: who holds it
- New Mexico Vital Records, Santa Fe only; public health offices do not issue death certificates5
- Death certificates: fee
- $5 per certified copy, non-refundable search fee5
How New Mexico handles it
- Two-tier probate. Probate is split: part-time elected county probate judges hear informal, uncontested estates; district courts hear formal matters4
Probate and wills in New Mexico counties with a full guide
The local office, its official online search and its own fee, for each county with a full guide. Local fees can differ from the statewide figures above.
| County | Office | Search online | Fee |
|---|---|---|---|
| Bernalillo County | Bernalillo County Probate Court6 | — | copies $0.50 per page; certification $0.50 per document7 |
| Doña Ana County | Doña Ana County Probate Court8 | — | exemplification $5.00 plus standard fees9 |
| San Juan County | San Juan County Probate Judge10 | — | — |
| Sandoval County | Sandoval County Probate Court11 | — | — |
| Santa Fe County | Santa Fe County Probate Court12 | — | — |
For any other county, see the county list on the New Mexico guide.
Official copies vs look-alike sites
A certified copy comes only from the office that holds the record; reports and "research copies" sold by commercial sites are not issued by any New Mexico office. How to tell an official record source from a paid look-alike.
Rules in other states: probate records and wills in every state. Everything else in New Mexico: New Mexico public records guide.
Sources
Every fact above links to the official page it comes from. Fees and rules change, so check the office's own page before you pay or travel.
- NMSA 1978 Chapter 45 Uniform Probate CodeNM Compilation Commission (NMOneSource)checked November 4, 2026
- Santa Fe County Clerk fee scheduleSanta Fe County Clerkchecked November 4, 2026
- New Mexico Courts Public Records pageNew Mexico Courtschecked November 4, 2026
- NMSA 1978 Chapter 34 Court Structure and AdministrationNM Compilation Commission (NMOneSource)checked November 4, 2026
- Death CertificatesNM Department of Healthchecked November 4, 2026
- Probate CourtBernalillo County Probate Courtchecked November 4, 2026
- Welcome to the CourtBernalillo County Probate Courtchecked November 4, 2026
- Probate JudgeDoña Ana Countychecked November 4, 2026
- Recording Fees ScheduleDoña Ana County Clerkchecked November 4, 2026
- San Juan County, NM home pageSan Juan Countychecked November 7, 2026
- Probate Judge - Sandoval CountySandoval County, New Mexicochecked November 4, 2026
- Probate JudgeSanta Fe County, NMchecked November 5, 2026