ProbateUS
Probate Court

Sierra County

New Mexico

575-740-4900

Court Location & Contact

Address

1712 N. Date St., Suite C, Truth or Consequences, NM 87901

Filing Fees

Sierra County, New Mexico

Fee TypeAmount
filing docket fee for informal probate$30.00

Judges & Officers

TP
Tom Pestak

Probate Forms Library

52 fillable forms — scroll to browse

WILL-2022Probate Packet with WillcountyDownload
WILL-2022Probate Packet without WillcountyDownload
Small Estate AffidavitcountyDownload
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
S:\Rules Web Site\Forms\Probate\probate\4B-101.wpdNew Mexico CourtsstateDownload

Probate Guide

Probate in Sierra County, New Mexico

The Sierra 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 Sierra 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 Sierra County

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

  2. File a petition with the Sierra 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 Sierra County Probate Court procedures can help navigate the process efficiently.

Resources

For more information about the probate process, visit the Sierra 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

Judge Pestak was appointed County Probate Judge in October 2017, was elected to a 4 year term in 2018 and was re-elected in 2022.

Office Hours

Monday-Friday9:00 AM - 4:00 PM (Thursdays, or call for an appointment)

FAQ

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

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

How much does probate cost in Sierra County?

Probate filing fees in Sierra 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 Sierra 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 Sierra County Probate Court will appoint an administrator to manage the estate.

Probate Attorneys

Closest to this court, New Mexico

R. (Glenn) Davis

ScottHulse, PC

Las Cruces · 64 mi

Roberta Ramo

Modrall, Sperling, Roehl, Harris & Sisk, P.A.

Albuquerque · 138 mi

Marjorie Rogers

Modrall, Sperling, Roehl, Harris & Sisk, P.A.

Albuquerque · 138 mi

General Trust & EstateFiduciary Litigation+1

Sergio Pareja

University of New Mexico School of Law

Albuquerque · 139 mi

Gaelle McConnell

McConnell Law Firm

Albuquerque · 140 mi

See more attorneys near Sierra County