PURPOSE OF THE COURT
Probate is the judicial process for transferring the property of a person who has died (called a decedent). The property is transferred according to either (1) the decedent’s Will, or (2) if the decedent died without a Will, according to New Mexico’s laws of intestate succession. The probate court appoints legally qualified persons, called personal representatives, to manage and settle the decedent’s business affairs. Personal representatives pass the deceased person’s estate property, real and personal, to the rightful recipients. Rightful recipients might include heirs, devisees named in a valid and current will, or creditors.
JURISDICTION OF THE COURT
State law limits the jurisdiction of the Probate Courts to:
- Admitting Wills to informal probate
- Appointing personal representatives informally (without a hearing appointment)
- Appointing Special Administrators for estates
- Performing marriages within their county.
See Sandoval County Probate Court if:
- The decedent resided in Sandoval County at the time of death (i.e. Sandoval County was the permanent place of decedent’s abode), or,
- The decedent resided outside of New Mexico but owned property in Sandoval County.
Formal probates, determinations of heirship, contested cases, dispute over validity of a will, removal of a personal representative and trust matters cannot be heard by the Probate Court, but instead must be filed in the District Court. Forms may be downloaded from www.nmcourts.gov.
In addition to handling informal probate cases, the probate Court provides general information on process (how to file) and record (what is on file, title searches and wills).
The information provided on this website is general in nature and is not designed to give legal advice. The probate court does not guarantee the legal sufficiency of this site or that it meets your specific needs. Because the law is constantly changing, the information on this site may not be current. Therefore, you may wish to seek the advice and assistance of an attorney.
Lawrence D. McClain
1500 Idalia Road, Building D / P.O. Box 40
Bernalillo, NM 87004
Office: (505) 867-7647 or (505) 867-7645
Fax: (505) 867-6699
*Recommended you schedule an appointment
Judge Sharon Torres
(505) 771-5893 or (505) 771-7115
To obtain a marriage license, please do so by visiting the Sandoval County Clerk’s Office or by calling (505) 867-7572.
Must bring marriage license issued.
Two witnesses must be present at time of ceremony.