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Probate Judge

 The Honorable Josie Chavez


A Probate Court is established in each County in New Mexico and is a court of records.  On this page you will find answers to the most frequently asked questions regarding probate to help guide you through the process.  It is the job of the Probate Judge to make sure the pleadings (paperwork submitted to the court) are complete and accurate under New Mexico law and the Uniform Probate Code which governs probate.  The Probate Judge must be familiar with jurisdiction, venue, domicile, heirs, pleadings and many other legal issues that may arise in a probate.  If you have any further questions, you may contact the Probate Court for more information.

By appointment only Tuesday thru Thursday 3:45pm to 5:00pm

 

What the Probate Judge and Staff CANNOT DO

Neither the Probate Judge nor their staff can provide legal advice of any kind. Legal advice can only be given by a licensed attorney. The Judge or their staff cannot fill out the forms for you or assist you in filling out the forms, that includes preparation of deeds for any real property that requires transfer. Neither the Probate Judge nor their staff can recommend an attorney to you.

Documents Needed to Open a Probate

Deed showing ownership of property
Original Death Certificate (NO PHOTOCOPY)(5 days must have passed from date of death)
Original or authenticated copy of Will (NO PHOTOCOPY) if you have one
Name of Personal Representative
Complete mailing address, area code and phone number
List of heirs – Name, complete mailing address & zip code
Check or money order payable to: Torrance County Probate
Filing Fee $30.00
Packet $5.00
Total $35.00

Ancillary Probate


IN ORDER TO REGISTER PROPERTY AFTER A PROBATE HAS BEEN DONE IN ANOTHER STATE, THIS IS WHAT IS NEEDED:

Proof of Authority opening the case in our county
A certification from the County where the probate was completed with the following papers:
An Order Admitting Will to Probate & Authorizing Letters Testamentary signed by Judge of that County
Application of the Probate
Will or authenticated copy of the Will.
Affidavit from Judge from that court certifying that The copies are true & correct copies. A personal Representative’s deed is then prepared.
Original Death Certificate (NO PHOTOCOPY)
Check or money order payable to: Torrance County Probate
Filing Fee $30.00
Packet $5.00
Total $35.00

There needs to be a PROBATE CLERK’S CERTIFICATION of above papers along with CERTIFICATE OF AUTHENTICATION.

NO PROBATES OPENED IF DATE OF DEATH IS OVER THREE (3) YEARS, WITH A WILL, YOU MUST CONTACT A NEW MEXICO ATTORNEY AND FILE IN DISTRICT COURT

 

 



Probate Judge

205 S Ninth Street
P.O. Box 48
Estancia, New Mexico 87016

Monday thru Thursdays from 3:30pm to 5:30pm 


Contact

Phone: (505)-544-4696



Josie Chavez

Probate Judge (2019-2022)
jchavez@tcnm.us
(505) 544-4696

Yvonne Otero
Probate Secretary
yotero@tcnm.us
(505) 544-4369

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