The New Mexico Application for Informal Probate is the court form a family member or other interested person files to open a deceased person’s estate and get legal authority to act as the personal representative. You file it with the Probate Court in the county where the person lived when they died, and the form comes in two versions: Form 4B-302 when the person left a will, and Form 4B-301 when they did not.
This single form turns a grieving family member into the person the law trusts to pay the debts, gather the property, and hand out what is left. Get it right, and you walk out of the county clerk’s office with Letters that banks and title companies must honor. Get it wrong, and the court can reject your filing, freeze the estate, or push your case into the slower, costlier District Court. New Mexico probate courts collect a filing fee of about $30 in most counties, which makes informal probate one of the most affordable legal filings in the state when it is done correctly.
Here is what you will learn in this guide:
- ✅ How to fill out every line of the 4B-302 and 4B-301 forms, in plain English
- 🗂️ Which documents and ID numbers to gather before you open the form
- 🏛️ Where to file, what it costs, and how to avoid getting bounced to District Court
- ⚠️ The exact fields filers get wrong and what each mistake costs you
- 👨👩👧 Three real-life walkthroughs plus answers to the questions families ask most
What the Form Is and Who Must File It
The Application for Informal Probate is the document that starts a probate case without a formal court hearing. It asks the Probate Court to confirm a will (if there is one) and to appoint a personal representative, all based on the paperwork you submit rather than a judge’s ruling from the bench. New Mexico calls the person in charge a personal representative, which is the same role other states call an executor or administrator. The authority for this whole process is the New Mexico Uniform Probate Code, found at NMSA 1978, Chapter 45, and the step-by-step completion rules live in the New Mexico Probate Court Rules (Rule 1B-306 NMRA).
You must file this form if you are an interested person who wants legal power over the estate of someone who died owning property in their name alone. An interested person usually means a surviving spouse, an adult child, a named executor, an heir, or sometimes a creditor. The plain-English rule of violating the timing limits matters here: the Probate Court can only handle a case filed more than 120 hours after death and within 3 years of death, so a case filed too early or too late is the wrong fit for informal probate.
The consequence of skipping this filing is that the estate stays legally frozen. Banks will not release accounts, the county will not transfer real estate, and no one has the authority to pay the final bills. A common misconception is that a will alone gives someone power to act. A will does nothing until the court appoints a personal representative, which is exactly what this form requests.
Consider Rosa, whose husband died with a small house and a checking account in his name only. Without filing the application, Rosa cannot sell the house or close the account, even though she is named in the will. The form is what unlocks the door.
Before You Start: Documents and Information You Need
Gathering your paperwork first saves you a second trip to the county clerk and prevents the most common rejections. The Probate Court reviews your application against these documents, and a missing item almost always means a delay.
- Certified death certificate. The court confirms the person died and checks the date against the 120-hour and 3-year rules; without it, the clerk will not open your case.
- The original will, if one exists. For Form 4B-302, the court must hold the original signed will, not a copy, or it cannot admit the will to probate.
- Decedent’s full legal name and any other names used. Banks and title records may list the person differently, and a name mismatch can stall asset transfers.
- Date and place of death. This sets the deadlines and confirms venue in the right county.
- Decedent’s last home address. This proves you are filing in the correct county Probate Court.
- Your name, address, and relationship to the decedent. The court must confirm you have priority to serve as personal representative.
- Names and addresses of heirs and devisees. You must notify them after appointment, so gather current mailing addresses now.
- A rough estimate of estate value and whether real estate is involved. This helps you confirm informal probate fits and is not better suited to a small-estate affidavit.
- The filing fee, about $30. Most counties take cash, check, or money order, and free process is available if you file an affidavit of poverty (Form 4B-201).
- The companion forms. Bring the matching Acceptance (Form 4B-305) and the proposed Order (4B-303 for no will, 4B-304 with a will) so the case can be completed in one visit.
If any item is missing, the clerk may accept the application but the judge cannot sign the order, which leaves you without Letters and without authority to act.
Where to Get the Form and How to Access It
The official forms live on the New Mexico Courts probate page, which hosts every form in the 4B series as a free, downloadable PDF. You want Form 4B-302 if there is a will and Form 4B-301 if there is no will. These forms were recompiled under the 2023 Probate Court rule set, so confirm you are using the version posted on the official state site rather than an old copy from a third-party website.
You can also pick up paper copies at the county Probate Court, which sits inside the County Clerk’s office, not the District Court building. This split confuses many filers. The Probate Court handles informal, uncontested estates, while the District Court handles formal or contested ones. If a dispute arises, your case can be moved using Form 4B-1001, the order transferring a case from probate court to district court.
The plain-English version of the venue rule is simple: file where the person lived. The consequence of filing in the wrong county is that the court lacks venue and may reject or transfer the case, costing you weeks. A common misconception is that informal probate is filed online; New Mexico Probate Courts generally do not offer e-filing, so you file in person or by mail.
A third option is to use the Diné-language probate forms the state provides, which serve Navajo-speaking filers. Maria, an heir in San Juan County, used the paper copies at her county clerk’s window because she preferred help in person over downloading the PDF.
Step-by-Step: How to Fill Out the Application Line by Line
The two forms share most of their structure. Below, each numbered subsection walks one field at a time. Where the will form (4B-302) and the no-will form (4B-301) differ, the difference is called out. Use the exact field labels printed on your form, and italicized sample entries show what real answers look like.
Caption: Court, County, and Case Number
The top of the form, called the caption, asks for the Probate Court, the county, and a case number. You write the county where the decedent lived at death, leave the case number blank, and let the clerk assign it when you file. For example, PROBATE COURT, COUNTY OF BERNALILLO, STATE OF NEW MEXICO goes on the county line, and the case number stays empty.
A nuance: if the decedent lived in one county but owned property in another, you still file in the county of residence, not where the property sits. A common mistake is writing your own county instead of the decedent’s, which sends the case to the wrong court and forces a refiling. The misconception here is that the case number is something you create; the clerk assigns it, and writing your own number confuses the court record.
In the Matter of the Estate Of (Decedent’s Name)
This field asks for the full legal name of the person who died. You enter the name exactly as it appears on the death certificate and, where the form allows, list any other names the person used, such as a maiden name or nickname tied to accounts. For example, In the Matter of the Estate of ROBERT JAMES MILLER, also known as BOB MILLER, Deceased.
A nuance applies when the decedent used different names on different assets; listing the alias now prevents a bank from refusing the Letters later. The common mistake is entering only a shortened name, which then fails to match a deed or account title and blocks the transfer. People wrongly believe the legal name and the everyday name are interchangeable; the court matches the name to official records, so precision matters.
Applicant’s Name, Address, and Relationship
Here you identify yourself, your mailing address, and how you are related to the decedent. You write your full legal name, a current address where the court can reach you, and your relationship, such as surviving spouse or son. For example, Carlos R. Vigil, 142 Aspen Drive, Santa Fe, NM 87505, son of the decedent.
A nuance: if you use a P.O. Box, also give a physical address when the form asks, because the court may need to verify residence. A common mistake is listing an outdated address, which means you miss the court’s mail and lose track of your own case. The misconception is that relationship is just a formality; your relationship sets your priority to be appointed, so it directly affects whether the court approves you.
Statement of Interest and Priority for Appointment
This section asks why you have the right to be personal representative. You check or state your basis, such as being named in the will, being the surviving spouse, or being an heir entitled under the no-will rules. For example, Carlos writes Applicant is the person named as personal representative in the decedent’s Last Will and Testament dated 04/12/2019.
A nuance arises when someone with higher priority exists, such as a surviving spouse over an adult child; that person should either file or sign a renunciation. The common mistake is claiming priority you do not have, which lets another interested person object and stall the case. Many filers wrongly think the first person to file automatically wins; priority follows the statute, not the filing order, under the Uniform Probate Code.
Decedent’s Date and Place of Death
This field captures when and where the person died. You enter the date in MM/DD/YYYY format and the city and county of death, copying directly from the death certificate. For example, Date of death: 02/18/2026; Place of death: Albuquerque, Bernalillo County, New Mexico.
A nuance: if the person died out of state but lived in New Mexico, you still file here and note the out-of-state death location. The most common mistake on this line is filing before 120 hours have passed since death, which the court cannot accept, or filing after the 3-year window has closed. The misconception is that the date of death is a minor detail; it controls every deadline in the case, so an error here can void the filing.
Statement That Decedent Was Domiciled in the County
The form asks you to confirm the decedent’s legal home was in the filing county. You state that the decedent was domiciled in that county at death, which simply means it was their permanent home. For example, The decedent was domiciled in Doña Ana County, New Mexico, at the time of death.
A nuance covers snowbirds and people in care facilities; domicile is the home they intended to return to, not a temporary location. The common mistake is confusing a temporary nursing-home county with the true home county, which creates a venue problem. People often believe domicile means wherever the person physically was; domicile means legal home, which can differ from a last physical location.
Will Statements (Form 4B-302 Only)
On the will version, you state that the decedent left a valid will, give its date, and confirm you are submitting the original. You write the will’s execution date and check that the original document accompanies the application. For example, The decedent left a Last Will and Testament executed on 04/12/2019, the original of which is filed with this application.
A nuance: if there are codicils (amendments), list each one with its date so the full will is admitted. The common mistake is submitting a photocopy, which the court cannot admit, leaving the estate to be treated as if there were no will. A widespread misconception is that a will is automatically valid; the court must find it valid on its face, and an unsigned or unwitnessed will fails this test.
Heirs and Devisees Listing
This section asks you to name the people entitled to inherit. On the will form (4B-302) you list the devisees named in the will; on the no-will form (4B-301) you list the heirs under New Mexico’s intestacy rules. You give each person’s name, address, and relationship. For example, Devisee: Elena Vigil, spouse, 142 Aspen Drive, Santa Fe, NM 87505.
A nuance covers minor or deceased beneficiaries, where you note a guardian or the share that passes to the next generation. The common mistake is leaving someone off the list, which can later void distributions and expose you to personal liability. Filers wrongly assume only adults who get money need listing; all heirs and devisees must appear, even those who receive nothing, so the court sees the full picture.
Demand for Notice and Renunciation Statements
The form addresses whether anyone has demanded notice and whether higher-priority persons have stepped aside. You note any filed demand for notice and attach any renunciations from people with equal or higher priority. For example, No demand for notice has been filed, and the surviving spouse has renounced her right to appointment in favor of the applicant.
A nuance: a demand for notice means you must formally notify that person of every step, so missing it breaks the rules. The common mistake is ignoring a renunciation when a higher-priority heir exists, which leaves your appointment open to challenge. People often think they can skip this if the family agrees informally; the court needs the written renunciation, because verbal agreements do not protect you.
Request for Appointment and Type of Letters
Here you ask the court to appoint you and to issue the proper Letters. You request appointment as personal representative and check that you seek either Letters Testamentary (with a will) or Letters of Administration (no will). For example, Applicant requests informal appointment as personal representative and issuance of Letters Testamentary.
A nuance: the type of Letters must match the form; asking for the wrong type signals you used the wrong application. The common mistake is requesting Letters Testamentary on a no-will case, which the court will not grant. A misconception is that Letters are optional proof; in reality, banks and title companies require them, so without the right Letters you cannot act.
Verification, Signature, and Date
The final block is your sworn signature confirming everything is true. You sign and date the form, often before a notary or court clerk depending on the county, and print your name beneath the signature. For example, Carlos signs and writes Carlos R. Vigil, 05/30/2026 on the signature and date lines.
A nuance: some counties require notarization while others let the clerk witness the signature, so confirm before you sign. The common mistake is signing in advance and then changing an answer, which voids the verification and forces a fresh form. People wrongly think a signature is a formality; the verification is a sworn statement, and a false answer can lead to penalties for perjury.
Acceptance of Appointment (Companion Form 4B-305)
While not part of the application itself, the Acceptance of Appointment (Form 4B-305) is filed with it. You sign this form to accept the duties of personal representative. For example, I, Carlos R. Vigil, accept appointment as personal representative and agree to perform the duties required by law.
A nuance: filing the application without the acceptance means the court cannot complete your appointment in one visit. The common mistake is forgetting this form, which delays your Letters. Many filers think the application alone makes them representative; the acceptance is required to take on the role.
Three Filled-Out Examples Using Real Scenarios
These walkthroughs follow three filers through the form so you can see how real answers fit together.
Scenario 1: Elena, a surviving spouse named in the will (Form 4B-302)
| Form Section | What Elena Enters |
|---|---|
| Court and county | Probate Court, County of Santa Fe, State of New Mexico |
| Decedent’s name | Robert James Miller, also known as Bob Miller |
| Applicant name and address | Elena Miller, 142 Aspen Drive, Santa Fe, NM 87505 |
| Relationship and priority | Surviving spouse, named as personal representative in the will |
| Date and place of death | 02/18/2026, Santa Fe, Santa Fe County, NM |
| Will statement | Will dated 04/12/2019, original filed with application |
| Devisees | Elena Miller (spouse); Sarah Miller (daughter) |
| Letters requested | Letters Testamentary |
| Signature and date | Elena Miller, 05/30/2026 |
Scenario 2: David, an adult son where there is no will (Form 4B-301)
| Form Section | What David Enters |
|---|---|
| Court and county | Probate Court, County of Bernalillo, State of New Mexico |
| Decedent’s name | Linda Marie Chavez |
| Applicant name and address | David Chavez, 88 Mesa Road, Albuquerque, NM 87102 |
| Relationship and priority | Son; surviving spouse has renounced in his favor |
| Date and place of death | 01/30/2026, Albuquerque, Bernalillo County, NM |
| Heirs (intestate) | David Chavez (son); Maria Chavez (daughter) |
| Renunciation noted | Yes, signed renunciation attached |
| Letters requested | Letters of Administration |
| Signature and date | David Chavez, 02/12/2026 |
Scenario 3: James, a creditor filing within the 3-year window (Form 4B-301)
| Form Section | What James Enters |
|---|---|
| Court and county | Probate Court, County of Doña Ana, State of New Mexico |
| Decedent’s name | Thomas Allen Reed |
| Applicant name and address | James Ortega, 210 Main Street, Las Cruces, NM 88001 |
| Relationship and priority | Creditor; no higher-priority person has applied |
| Date and place of death | 11/15/2025, Las Cruces, Doña Ana County, NM |
| Heirs | Listed to the extent known |
| Demand for notice | None filed |
| Letters requested | Letters of Administration |
| Signature and date | James Ortega, 05/20/2026 |
How to File the Completed Form
You file the completed application at the county Probate Court, located inside the County Clerk’s office in the county where the decedent lived. New Mexico Probate Courts generally do not offer e-filing, so you have two practical channels.
- In person. Take the signed application, the original will (4B-302) or your intestacy details (4B-301), the death certificate, Form 4B-305, and the proposed order to the County Clerk’s probate window. The fee is about $30 in most counties, payable by cash, check, or money order, and copies often cost about $1 per page. Processing is frequently same-day, and your proof of filing is the file-stamped copy and your issued Letters.
- By mail. Mail the same package to the county Probate Court with a check or money order for the fee and a self-addressed stamped envelope. Mailed filings take longer, often one to two weeks, and your proof of filing is the file-stamped copy the clerk returns to you.
If you cannot afford the fee, file the affidavit of poverty (Form 4B-201) and request an order allowing free process (Form 4B-202). The consequence of skipping proof of filing is that you cannot prove your authority to a bank, so always keep the stamped copy and the original Letters. If a dispute later arises, the case moves to District Court using Form 4B-1001, where formal probate fees run around $132 or more.
What Happens After You File
Once the clerk reviews your application and the judge signs the order, the court issues your Letters (Testamentary for a will, of Administration for no will), which are your proof of authority. With Letters in hand, you can access accounts, manage property, and act on behalf of the estate. The first duty is to give notice: you mail the Notice of Informal Appointment (Form 4B-401) to heirs and devisees within 10 days of appointment and file a Proof of Notice (Form 4B-402).
Next, you publish and mail a Notice to Creditors (Form 4B-501), which starts the clock on claims against the estate. You then prepare an Inventory (Form 4B-601) of the estate’s assets and, when required, an Accounting (Form 4B-602). The consequence of skipping the creditor notice is that claims can stay open longer, delaying the closing.
You close the estate after debts and distributions are handled by filing a Verified Closing Statement (Form 4B-701), or a Small Estate Closing Statement (Form 4B-702) for smaller estates. The misconception is that appointment ends your job; the work continues until you properly notify, inventory, pay, distribute, and close.
Mistakes to Avoid When Filling Out the Form
- Using the wrong form version (4B-302 vs. 4B-301), which means the court cannot grant the Letters you requested.
- Filing in the wrong county, which creates a venue problem and forces a refiling.
- Filing in District Court instead of Probate Court, which delays the case and may cost more.
- Filing before 120 hours have passed since death, which the court cannot accept.
- Filing after the 3-year window, which closes the door to probate entirely.
- Submitting a photocopy of the will instead of the original, which prevents the will from being admitted.
- Listing only a nickname for the decedent, which fails to match deeds and accounts.
- Leaving an heir or devisee off the list, which can void distributions and create liability.
- Claiming priority you do not have, which invites objections and stalls appointment.
- Forgetting the Acceptance of Appointment (Form 4B-305), which delays your Letters.
- Skipping a required renunciation from a higher-priority person, which leaves your appointment open to challenge.
- Signing the form before finishing the answers, which voids the sworn verification.
Do’s and Don’ts
Do:
- Do use the original signed will, because the court cannot admit a copy.
- Do confirm 120 hours have passed and you are within 3 years, because timing controls the whole case.
- Do file in the decedent’s home county, because venue must match domicile.
- Do gather all heir and devisee addresses first, because you must notify them after appointment.
- Do bring the companion forms, because the case can finish in one visit.
- Do keep your file-stamped copy and Letters, because they prove your authority.
Don’t:
- Don’t guess at the name; match the death certificate, because mismatches block transfers.
- Don’t file online expecting acceptance, because Probate Courts generally do not e-file.
- Don’t claim priority over a surviving spouse, because the statute sets the order.
- Don’t sign without a notary if your county requires one, because the verification fails.
- Don’t ignore a demand for notice, because you must notify that person of every step.
- Don’t skip the creditor notice, because open claims delay closing.
Pros and Cons of Filing on Your Own vs. With Help
| Filing On Your Own | Filing With an Attorney |
|---|---|
| Saves money, since the main cost is the ~$30 fee | Costs more, often billed hourly |
| You control the pace and timing of each step | The attorney manages deadlines for you |
| Works well for simple, uncontested estates | Better for disputes, large estates, or complex assets |
| Builds your understanding of the estate | Reduces your personal liability risk |
| No waiting on a professional’s schedule | Spots issues a layperson may miss |
| Risk of errors that delay or void the filing | Higher confidence the filing is correct |
| Easy to pick the wrong form or county | Ensures the right form, venue, and notices |
FAQs
Should I file Form 4B-302 or 4B-301?
Yes, use Form 4B-302 if the decedent left a valid will, and use Form 4B-301 if there is no will, because each leads to a different type of Letters.
Can I file informal probate online in New Mexico?
No, New Mexico Probate Courts generally do not offer e-filing, so you file in person or by mail at the county clerk’s office.
Do I file in Probate Court or District Court?
No, you do not start in District Court for an uncontested estate; you file informal probate in the county Probate Court inside the County Clerk’s office.
Is there a deadline to file?
Yes, you must wait at least 120 hours after death and file within 3 years of death, or the case no longer fits informal probate.
Does a copy of the will work, or do I need the original?
No, a copy does not work; the court must hold the original signed will to admit it, or the estate is treated as having no will.
Do I write the decedent’s nickname or full legal name in the estate field?
No, write the full legal name from the death certificate, then add “also known as” for any nickname tied to accounts or deeds.
Do I list heirs who receive nothing?
Yes, list every heir and devisee even if they receive nothing, because the court must see the complete family picture.
What do I write for the case number?
No, do not create your own; leave the case number blank and let the county clerk assign it when you file.
Do I need a notary to sign the application?
Yes, in many counties, though some let the clerk witness your signature, so confirm your county’s rule before signing.
How much does it cost to file?
Yes, expect about a $30 filing fee in most counties, with copy fees near $1 per page and free process available for low-income filers.
Can a creditor file this application?
Yes, a creditor can file as an interested person when no higher-priority person has applied, usually within the 3-year window.
Does appointment alone let me close the estate?
No, after appointment you must notify heirs, notify creditors, inventory assets, pay claims, distribute property, and then file a closing statement.
What if a higher-priority person wants to step aside?
Yes, they can renounce in writing, and you attach that signed renunciation so your appointment is not later challenged.
What happens if a dispute arises after I file?
Yes, a dispute can move the case to District Court using Form 4B-1001, where formal probate is slower and more expensive.
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