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If probate is necessary, the probate case must be filed with the Probate Court in the county where the decedent was domiciled (physically living) at the time of his/her death. Note: In some cases, it may be necessary to file the probate case in District Court. The Probate Court will inform you if this is necessary.
Informal probate proceedings are the most common probate proceedings because such cases are uncontested with no disputes between the parties involved. The unsupervised formal probate ensures that the probate judge monitors the personal representatives actions concerning the assets disposition.
NO PROBATE REQUIRED FOR A SMALL ESTATE A small estate is defined as one where the decedents total estate is worth less than $50,000 and does not include any real property (land, a house, a farm, etc.). Read more at Section 45-3-1201 NMSA 1978.
Minimum Estate Value for Probate in California Generally, if the estate is valued at $184,500 or more, it may be subject to full probate. However, estates valued under this threshold may qualify for simplified probate procedures, such as a small estate affidavit or summary probate.
In New Mexico, if your estate is worth more than $50,000, probate is required. For smaller estates or certain assets (like property held in a trust), probate might not be necessary.
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If an estate is simple and uncontested, probate attorney fees in New Mexico can range from $3,000 - $5,000 in total. As things get more complicated, legal fees will adjust ingly.
When does my will have to go through probate? In New Mexico, if your estate is worth more than $50,000, probate is required. For smaller estates or certain assets (like property held in a trust), probate might not be necessary.
Create a Living Trust A living trust is one of the most powerful and commonly used tools for avoiding probate in California. In a living trust, you transfer ownership of your assets to the trust during your lifetime.

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