Updated September 7, 2026. Quick answer: New Mexico charges $132.00 to file a formal probate case in district court.
If a trust could save your estate this fee in New Mexico
A living trust avoids probate entirely in New Mexico, which means the estate skips the $132.00 above along with every other cost the court charges once a case is open. LawDepot builds a state-specific one.
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What New Mexico charges to open probate
This is a flat fee in New Mexico: $132.00 is what it costs whether the estate is worth $40,000 or $4,000,000.
| Formal probate, district court (Bernalillo County) | $132.00 |
| Total to open the estate | $132.00 |
| Fee whether the estate is $50,000 or $5,000,000 | same $132.00 (flat, doesn’t scale) |
New Mexico also runs a cheaper, separate informal-probate track through county probate court, not independently verified this session; the $132 figure verified here is the formal district-court fee.
Where this money goes and who sets it
The authority for this figure is NMSA 1978, § 34-6-40 (2001); §§ 34-6-44, 34-6-45 (1994). In the source’s own words: “Initial Filing of a Civil Case or Children’s Court Case … $132.00”
What this fee doesn’t cover
Because New Mexico’s fee is flat, it doesn’t rise as the estate grows, but it also doesn’t shrink for a small, simple estate the way a percentage-based state’s fee would. Either way, this is the court’s own charge just to open the file and issue letters, separate from what an attorney charges to actually handle the estate and separate from any state estate or inheritance tax the estate itself might owe.
Sources
Source: NMSA 1978, § 34-6-40 (2001); §§ 34-6-44, 34-6-45 (1994).