ProbateUS
Probate Court

Roosevelt County

New Mexico

575-359-6920

Fax

575-359-2140

Probate Records

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Court Location & Contact

Address

109 W 1st Street, Portales, NM 88130

Fax

575-359-2140

Filing Fees

Roosevelt County, New Mexico

Fee TypeAmount
Filing fee for each probate case$30.00

Judges & Officers

KT
Kendall Terry

Probate Forms Library

55 fillable forms — scroll to browse

Form 4A-516 Letters of GuardianshipcountyDownload
Motion to Appoint Temporary Kinship Guardian(s)countyDownload
Motion to Revoke Kinship GuardianshipcountyDownload
Order Appointing Temporary Kinship GuardianscountyDownload
1041Accumulation Distribution for Certain Complex TrustsfederalDownload
1041-TAllocation of Estimated Tax Payments to BeneficiariesfederalDownload
1041Alternative Minimum Tax — Estates and TrustsfederalDownload
Application For Burial BenefitsfederalDownload
SSA-4Application for Child's Insurance BenefitsfederalDownload
SF 2800Application for Death Benefits (CSRS)federalDownload
SF 3104Application for Death Benefits (FERS)federalDownload
Application For DIC, Survivors Pension And/Or Accrued BenefitsfederalDownload
SS-4Application for Employer Identification NumberfederalDownload
706Application for Extension of Time To File a Return and/or Pay U.S. Estate TaxesfederalDownload
SSA-10Application for Widow's or Widower's Insurance BenefitsfederalDownload
1041Beneficiary's Share of Income, Deductions, Credits, etc.federalDownload
1041Capital Gains and Losses (Estates and Trusts)federalDownload
706-CECertification of Payment of Foreign Death TaxfederalDownload
FE6Claim for Death Benefits (FEGLI)federalDownload
VA40-1330Claim For Standard Government Headstone Or MarkerfederalDownload
SF 2818Continuation of Life Insurance Coverage as AnnuitantfederalDownload
FE7Designation Of Beneficiary (FEGLI)federalDownload
SF 2823Designation Of Beneficiary Federal Employees' Group Life InsurancefederalDownload
FS 5336Disposition of Treasury Securities Belonging to a Decedent's Estate Being Settled Without AdministrationfederalDownload
8855Election To Treat a Qualified Revocable Trust as Part of an EstatefederalDownload
1041Estimated Income Tax for Estates and TrustsfederalDownload
706Generation-Skipping Transfer Tax (Form 706)federalDownload
706-GSGeneration-Skipping Transfer Tax Return for DistributionsfederalDownload
706-GSGeneration-Skipping Transfer Tax Return for TerminationsfederalDownload
8971Information Regarding Beneficiaries Acquiring Property From a DecedentfederalDownload
56Notice Concerning Fiduciary RelationshipfederalDownload
706-GSNotification of Distribution From a Generation-Skipping TrustfederalDownload
1041-VPayment Voucher (Estate or Trust)federalDownload
I-360Petition For Amerasian, Widow(er), Or Special ImmigrantfederalDownload
2848Power of Attorney and Declaration of RepresentativefederalDownload
FS 1455Request By Owner or Person Entitled to Payment for Reissue of United States Savings BondsfederalDownload
706 HASRequest for Discharge From Personal Liability Under IRC 2204 or 6905federalDownload
4810Request For Prompt Assessment Under Internal Revenue Code Section 6501(d)federalDownload
FS 1522Special Form of Request for Payment of United States Savings and Retirement SecuritiesfederalDownload
SSA-721Statement of Death by Funeral DirectorfederalDownload
1310Statement of Person Claiming Refund Due a Deceased TaxpayerfederalDownload
706-NAU.S. Estate Tax Return for Nonresident Not a Citizen of the U.S.federalDownload
706-QDTU.S. Estate Tax Return for Qualified Domestic TrustsfederalDownload
1041 UU.S. Income Tax Return for Estates and TrustsfederalDownload
1041-AU.S. Information Return Trust Accumulation of Charitable AmountsfederalDownload
706-AUnited States Additional Estate Tax ReturnfederalDownload
706 UNITEDUnited States Estate (and Generation-Skipping Transfer) Tax ReturnfederalDownload
709United States Gift (and Generation-Skipping Transfer) Tax ReturnfederalDownload
I974...ing a probate court case (Flow chart).New Mexico CourtsstateDownload
4B-101. Opening and closing a probate court case (Flow ...New Mexico CourtsstateDownload
4B-304-Order-for-informal-probate-of-will-and-appointment ...New Mexico CourtsstateDownload
3.1NEW MEXICO PROBATE JUDGES MANUAL 2013New Mexico CourtsstateDownload
Petition To Appoint Kinship GuardiansstateDownload
Petition To Appoint Kinship GuardiansstateDownload
S:\Rules Web Site\Forms\Probate\probate\4B-101.wpdNew Mexico CourtsstateDownload

Probate Guide

Probate in Roosevelt County, New Mexico

The Roosevelt County Probate Court handles all matters related to the estates of deceased persons, including the validation of wills, appointment of executors and administrators, and the supervised distribution of assets. If you need to file for probate in Roosevelt County, NM, this guide covers what you need to know.

What Is Probate?

Probate is the legal process of settling a deceased person's estate. It involves validating the will (if one exists), identifying and inventorying assets, paying debts and taxes, and distributing remaining property to heirs and beneficiaries. In New Mexico, the probate court in each county oversees this process.

When Is Probate Required in New Mexico?

Probate is generally required when:

  • The deceased owned real estate solely in their name

  • The estate contains assets above New Mexico's small estate threshold

  • There are disputes among heirs or creditors

  • Assets are not held in a trust or joint tenancy

Steps to File for Probate in Roosevelt County

  1. Locate the will (if one exists) and gather the death certificate

  2. File a petition with the Roosevelt County Probate Court to open probate

  3. Notify heirs and creditors as required by New Mexico law

  4. Inventory the estate — identify all assets, debts, and liabilities

  5. Pay debts and taxes — settle outstanding obligations from estate funds

  6. Distribute remaining assets — according to the will or state intestacy laws

  7. Close the estate — file a final accounting with the court

How Long Does Probate Take?

In New Mexico, probate typically takes 6 to 18 months depending on the complexity of the estate. Simple estates with no disputes may be resolved faster, while contested wills or complex asset distributions can take longer.

Do You Need a Probate Attorney?

While New Mexico does not always require an attorney for probate, it is strongly recommended, especially for estates with significant assets, real estate, business interests, or potential disputes. A local probate attorney familiar with Roosevelt County Probate Court procedures can help navigate the process efficiently.

Resources

For more information about the probate process, visit the Roosevelt County Probate Court directly or consult with a local probate attorney. You can also explore tools like EverSettled for step-by-step estate settlement guidance.

Additional Notes

The County Clerk works with the Probate Judge in filing informal probates. Contact Judge Terry by email or phone at 575-226-3995 or 575-760-3960. Forms may be purchased for probates with a will or without a will for $5.00 per packet, or download them online. The District Court is responsible for overseeing probate matters in New Mexico. The Probate Court hears informal probate and estate cases, and contested cases go to District Court.

Office Hours

Monday-Friday8:00 AM - 4:00 PM

FAQ

Where do I file for probate in Roosevelt County, NM?

Probate petitions for estates in Roosevelt County are filed at the Roosevelt County Probate Court. Contact the court directly for filing instructions and office hours.

How much does probate cost in Roosevelt County?

Probate filing fees in Roosevelt County, New Mexico vary based on the estate value and type of petition. Contact the probate court clerk for the current fee schedule.

How long does probate take in New Mexico?

Probate in New Mexico typically takes 6 to 18 months. Timeline depends on estate complexity, creditor claims, and whether the will is contested.

Can I avoid probate?

Assets held in trusts, joint tenancy, or with designated beneficiaries (like life insurance and retirement accounts) can pass outside of probate. Consult with an estate planning attorney for strategies specific to your situation.

Do I need a lawyer for probate in Roosevelt County?

While not always legally required in New Mexico, a probate attorney is recommended for most estates, especially those involving real estate, business interests, or potential disputes among heirs.

What happens if someone dies without a will?

When someone dies intestate (without a will) in New Mexico, their assets are distributed according to state intestacy laws. The Roosevelt County Probate Court will appoint an administrator to manage the estate.

Probate Attorneys

Closest to this court, New Mexico

Kurt Sommer

Sommer Udall Law Firm P.A.

Santa Fe · 179 mi

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Fletcher Catron

Catron, Catron & Glassman, PA

Santa Fe · 179 mi

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Bruce Ross

MountainWest Mediation & Arbitration

Santa Fe · 180 mi

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Nell Sale

Pregenzer Baysinger Wideman & Sale, P.C.

Albuquerque · 194 mi

Gaelle McConnell

McConnell Law Firm

Albuquerque · 195 mi

See more attorneys near Roosevelt County