Probate Process

The goal of the Bernalillo County Court of Wills, Estates and Probates is to provide customers with an expeditious and cost-effective process to probate the estate of a deceased loved one in a user-friendly environment.

In addition, our office provides information about county services, hosts and highlights community events, and educates the public about the probate process through our community outreach efforts.

Our services include:

Probating the estates of deceased persons.

Probating wills, if any.

Appointing special administrators.

Providing information about estates through the court and the online “case lookup” service.

Conducting weddings.

The court also provides information to title companies and others via telephone, email and in person. The court is in a unique position to answer questions about the probate process and the court for pro se applicants and others in a user-friendly environment. Without providing legal advice, the court provides general information regarding the Probate Code, court files and practice before the court. Directing people to the appropriate place is also a vital function of the court, creating a positive image of both the court and Bernalillo County government.

The flowchart below may help provide more information about opening and closing a probate court case:

The staff at the Court of Wills, Estate and Probate is NOT permitted to provide any LEGAL ADVICE or legal services.*

Court Staff is prohibited from:

Assisting customers in filling out individual forms. Can only give general instructions regarding what forms to include and types of information required.

Offering forms other than those approved by the NM Supreme Court.

Interpreting, creating, or filling out any kind of deed or transfer of property.

Determining the distribution of assets.

Explaining court orders from our court and other courts.

Providing personal or legal advice regarding denying or paying claims.

Determining whether to close a case.**

Other recommendations on case matters, dealing with parties or giving advice on how to proceed on a case or properly administer an estate.

It is highly recommended that you seek competent legal advice on any of these matters. Thank you in advance for your understanding.

*NM Supreme Court rule prohibiting legal advice NMRA 23-113.

**There are significant legal consequences to determining when to close an estate and to submit an affidavit of full administration. Therefore it is recommended that parties seek competent legal advice before proceeding.

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