FAQs for New Mexico Probate

Probate laws vary state to state, so it is important that you understand the laws in your state.  There are key differences that make dealing with probate in New Mexico unique.

1. Can Probate be avoided in New Mexico?

In New Mexico, you can avoid Probate if you set up a trust for all of your assets. If there is no trust or other plans, the estate will enter the probate process in New Mexico which can be a long process.


2. How long does Probate Take in New Mexico?

The probate process in New Mexico can be frustratingly long. It can take anywhere from 9 months to over 2 years, depending upon the complexity of the estate, the number of heirs, and the speed of the local court administering the case. If the Will is being contested, probate can drag on for even longer – sometimes taking several years. And that was pre-pandemic, so now we are seeing more delays. ProbateCash can get you funded long before the probate process is completed.

3. How can I speed up the probate process in New Mexico?

Unfortunately, there is no real way to speed up the probate process, as it is required to go through the Courts, which are currently backlogged. However, ProbateCash can be the ideal solution to access a portion of your inheritance while you wait for the estate to close and disburse. The experienced professionals at ProbateCash can guide you through the process, making it easy to get the money you need as quickly as the same day.

4. Can I get a Probate Advance in New Mexico?

Yes. ProbateCash works in all fifty states and in all of New Mexico’s counties, including, but not limited to the following:

  • Bernalillo County, NM
  • Catron County, NM
  • Chaves County, NM
  • Cibola County, NM
  • Colfax County, NM
  • Curry County, NM
  • De Baca County, NM
  • Eddy County, NM
  • Grant County, NM
  • Guadalupe County, NM
  • Harding County, NM
  • Hidaigo County, NM
  • Lea County, NM
  • Lincoln County, NM
  • Los Alamos County, NM
  • Luna County, NM
  • McKinley County, NM
  • Mora County, NM
  • Otero County, NM
  • Quay County, NM
  • Rio Arriba County, NM
  • Roosevelt County, NM
  • San Juan County, NM
  • San Miguel County, NM
  • Sandoval County, NM
  • Santa Fe County, NM
  • Sierra County, NM
  • Socorro County, NM
  • Taos County, NM
  • Torrance County, NM
  • Union County, NM
  • Valencia County, NM

5. Does New Mexico have an estate tax?

No, New Mexico does not have an estate tax. The following states do have an estate tax:

  • Connecticut
  • Illinois
  • Maine
  • Maryland
  • Minnesota
  • New York
  • Oregon
  • Rhode Island
  • Vermont
  • Washington (state)

6. Does New Mexico have an inheritance tax?

No, New Mexico does not have an inheritance tax. The following states do have an inheritance tax.

  • Iowa
  • Kentucky
  • Maryland
  • Nebraska
  • New Jersey
  • Pennsylvania