Honorable Perry Klare

Probate is the judicial process for transferring the property of a person who has died (called decedent). The property is transferred according to either:

(1) the decedent's Will, or

(2) if the decedent dies without a Will, according to New Mexico's laws of intestate succession.

The Probate Court appoints legally qualified persons, called Personal Representatives(PDF, 1021KB), 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. 

Los Alamos County Probate Court has jurisdiction over an informal probate if,

• The decedent was domiciled in Los Alamos County at the time of death (i.e. Los Alamos County was the permanent place of residency), or 
• The decedent lived outside New Mexico but owned property in Los Alamos County.

In addition to adjudicating informal probate cases, the Los Alamos Probate Court provides general information on the probate process and access to public records that have been filed with the Court.

Los Alamos County Probate Court cannot hear a formal probate case.  Examples of formal probate hearings are determinations of

• heirship,
• contested cases, and
• trust matters. 

A formal probate case must be filed in District Court. 

State law authorizes the Probate Courts to: 

• Admit wills to informal probate.
• Appoint Personal Representatives informally (without a hearing), when there is no will.
• Appoint Special Administrators.
• Issue Certificates of Full Administration of the Estate.

State law also allows Probate Judges to perform marriages within their county.