Probate and Recording Deeds in Doña Ana County (Las Cruces), New Mexico
Where to file a will or open probate, and where to record a deed, in Doña Ana County (Las Cruces) — with the state rules that apply.
Probate court
Doña Ana County Probate Court (Probate Judge)
Address: 845 N. Motel Blvd., Rm. 1-201, Las Cruces, NM 88007
Phone: (575) 525-6132 or (575) 525-6115
Recording deeds
Recording fee: $25.00 per document (NMSA 1978 § 14-8-15); additional $25.00 for each additional block of ten or fewer index entries beyond ten Fee schedule
New Mexico rules that apply
| Small estate affidavit | Thirty days after death, if no personal representative has been appointed or applied for, a successor may collect personal property with a notarized affidavit (Affidavit of Successor in Interest) if the whole estate, less liens and encumbrances, is $50,000 or less. It cannot be used to transfer real estate. A surviving spouse may use a separate affidavit filed with the county clerk for the home if, 6 months after death, no probate has been filed, the home is the only asset to transfer, and its assessed value is not more than $500,000. Re-verified 2026-10-27. Source: NMSA 1978, § 45-3-1201 |
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| Probate steps | File in the probate court of the county where the decedent lived, between 5 days and 3 years after death: an Application for informal probate of will and appointment of personal representative (or for informal appointment if there is no will). After the order, file an Acceptance of Appointment and receive Letters. Within 30 days send notice of appointment to heirs and devisees; decide whether to give notice to creditors; inventory and value assets within 3 months; pay allowances, costs and valid claims; prepare an accounting for devisees; distribute; then close with a verified closing statement. The case must stay open at least 3 months. |
| Signing and recording a deed | A deed must be signed by the person transferring the property (or their authorized agent). It must be acknowledged before a notary to be recorded, and is recorded with the county clerk of the county where the land is. For residential property, a residential property transfer affidavit must be filed with the county assessor within 30 days of recording, with exceptions (for example, gifts, estate distributions, and transfers between spouses or parent and child for nominal consideration). Re-verified 2026-10-27. |
| Transfer-on-death deed | Yes. A transfer on death deed must contain the elements and formalities of a properly recordable deed, state that the transfer to the beneficiary happens at the owner's death, and be recorded with the county clerk where the property is located before the owner's death. Re-verified 2026-10-27. Source: NMSA 1978, § 45-6-409 |
All New Mexico wills, probate and estate rules · Eviction court and tenant help in Doña Ana County (Las Cruces)
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.