Settling an estate in New Mexico
In New Mexico, probate typically takes 4-12 months. Estates under $50,000 can usually use a simpler small-estate process. New Mexico has no state estate tax and no inheritance tax.
The key numbers
Reviewed January 2026- Typical probate timeline
- 4-12 months
- Small estate limit
- $50,000
- Small estate process
- Small estate affidavit for estates under $50K.
- Deadline to file the will / open probate
- No strict deadline
- State estate tax
- No
- Inheritance tax
- No
- Executor pay
- Reasonable compensation, typically 2-4% of estate value.
- Community property state
- Yes
- Homestead protection
- $60,000 homestead exemption
Deadlines to know
- Creditor claims period
- 2 months from notice to creditor
- Final income tax
- April 15 of following year
Common questions
How long does probate take in New Mexico?
Probate in New Mexico typically takes 4-12 months. Simple estates move faster; disputes, real estate in other states, or a business can stretch it.
What is the small estate limit in New Mexico?
$50,000. Small estate affidavit for estates under $50K.
Does New Mexico have an estate or inheritance tax?
No. New Mexico has no state estate tax. It has no inheritance tax.
How much does an executor get paid in New Mexico?
Reasonable compensation, typically 2-4% of estate value.
Next steps
Read the full New Mexico estate settlement guide, or start with Executor 101.
Get a New Mexico checklist with Afterward →Figures last reviewed January 2026. Laws change, and this is general information, not legal advice. Confirm with the New Mexico probate court in the county where your loved one lived, or a local estate attorney.