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Probate & Estate Administration in Texas & New Mexico | The Longhorn Law Firm
Estate Planning · Probate & Estate Administration

After a loss, a clear path.

When someone dies, their family is often left with a will, a stack of accounts, and no idea what comes next. Here's how probate works in Texas and New Mexico — and the faster options many families qualify for.

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What probate is.

Probate is the court-supervised process for proving a will, appointing someone to settle the estate, paying valid debts, and transferring what's left to the right people. Assets that pass by beneficiary designation, joint ownership with survivorship, transfer-on-death deed, or trust usually skip probate entirely — so the first step is figuring out what actually needs to go through it.

First steps after a death.

  • Find the original will — courts generally need the original, not a copy.
  • Order several certified copies of the death certificate.
  • Secure the home, vehicles, and valuables, and keep insurance in force.
  • Don't distribute property or pay the estate's debts out of your own pocket until you know your role and the estate's obligations.
  • Watch the deadlines: Texas generally requires a will to be offered for probate within four years; New Mexico generally requires probate to begin within three years.

Texas probate.

Independent administration

Most Texas estates are settled through independent administration, with limited court supervision after the executor is appointed.

Muniment of title

When there are generally no unpaid debts other than those secured by real estate, a will can be probated simply to transfer title — without appointing an executor.

Inventory deadline

An executor generally must file an inventory, appraisement, and list of claims within 90 days of qualifying (Tex. Est. Code § 309.051), unless an affidavit in lieu of inventory is allowed.

Without a will

Heirs may need a court determination of heirship — or, for estates of $75,000 or less (excluding homestead and exempt property), a small estate affidavit approved by a judge. An affidavit of heirship recorded in the property records is another tool for real estate.

Texas probate is handled by Jeff Barnett, Of Counsel (Texas Practice).

New Mexico probate.

Informal probate

Uncontested estates can usually be opened informally (NMSA § 45-3-301), often through the county probate court; the personal representative then settles the estate with limited court involvement.

Formal probate

Disputes, unclear wills, and complex estates go to district court for formal probate (§ 45-3-401).

Creditors & inventory

Creditors generally have four months after notice is first published (§ 45-3-801), and the personal representative prepares an inventory within three months of appointment (§ 45-3-706).

Small estates

Estates of $50,000 or less may collect personal property by affidavit 30 days after death (§ 45-3-1201), and a surviving spouse may use a separate affidavit for a community-property home (§ 45-3-1205).

New Mexico probate is handled by Shawn Barnett, licensed in New Mexico.

Injury cases & estates
A wrongful death claim may need a personal representative too.

In New Mexico, only a court-appointed personal representative can bring a wrongful death claim (NMSA § 41-2-3). If a loved one died in an accident, the estate side and the injury case should be handled together. How injury and estate law connect →

What the executor does.

  • Opens the estate and is appointed by the court
  • Notifies creditors and handles valid claims
  • Gathers, values, and protects estate property
  • Files final tax returns
  • Distributes property to the beneficiaries and closes the estate

Probate and estate administration fees are quoted after a consultation, because they depend on the estate and the type of proceeding.

Common questions.

Does every estate have to go through probate?+
No. Assets that pass by beneficiary designation, survivorship, transfer-on-death deed, or trust usually avoid probate, and smaller estates may qualify for simpler affidavit procedures.
How long does probate take?+
It varies. Uncontested estates in Texas or New Mexico often take several months to a year; disputes or complex property take longer. In New Mexico, the creditor period alone runs four months after notice is published.
What if there's no will?+
State law decides who inherits. Texas families may need a court determination of heirship or, for small estates, a small estate affidavit. In New Mexico, an heir can ask the court to appoint a personal representative, and estates of $50,000 or less may use an affidavit for personal property.
Am I personally responsible for the deceased's debts?+
Generally no. Debts are paid from the estate, not by family members personally — unless you co-signed or are otherwise responsible. Be cautious about paying debts before the estate's obligations are sorted out.
How much does probate cost?+
Our fees are quoted after a consultation, because they depend on the estate and whether the process is a simple affidavit, an independent or informal administration, or a contested case. Court costs are separate.

Texas estate planning services are provided by Jeff Barnett, Of Counsel (Texas Practice), of Barnett & Leuty, PC, Austin, Texas, licensed in Texas. New Mexico estate planning services are provided by Shawn Barnett, Managing Attorney, licensed in New Mexico. This page provides general information, not legal advice; reading it does not create an attorney-client relationship.

Settling an estate? Start here.

Call or text for help with probate in Texas or New Mexico. Plain-English guidance, in English or Spanish.