Probate Court

300 Shakespeare 
Lordsburg, NM 88045
575.542.9512

Probate Judge

Lloyd V. Payne

E-Mail 

Monday 10 AM - 3 PM, or by appointment

Mission

To make probate matters understandable to citizens who can file informal probate proceedings that fully meet legal requirements. To conduct marriage ceremonies with convenience, dignity, and in a manner fully pleasing to those involved.

Responsibilities

Probate Court is responsible for the managment of informal probate proceedings.

It conducts marriage ceremonies of those holding a NM marriage license.

It aids heirs in timely resolution of issues regarding real and personal property of deceased persons and alleviates the need for attorneys in matters easily completed by ordinary citizens. If complications or contentions arise, attorneys are suggested.

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Probate Jurisdiction

The Probate Judge is a part-time position. 

Probate courts for each county were established by the New Mexico Constitution.  That constitutional section gives the New Mexico Legislature power to define the jurisdiction of the probate courts within the scope of the constitution.

Probate Court is given powers in the administering of wills, executing of estates (with or without wills), and performing marriage ceremonies.

What You Should Know

zia.gifRemember that at least 120 hours and no more than three years must have elapsed since the decedent's passing, unless probate is required to pass title to real property. 

Publication of the proceedings is not required, but is suggested to protect all parties involved.

You may purchase necessary forms from the County Clerk for $5.00 or consult the information and download the forms below from the Supreme Court Law Library:

4B-001 Probate court forms; short title; limited purpose of forms; cautions regarding use of these forms.

4B-002 Probate definitions.

4B-003 General instructions for probate forms.

4B-011 General instructions for probates when there is no will.

4B-012 Explanation of forms and how to complete; specific steps if no will has been found.

4B-021 General instructions for probates when there is a will. 

4B-022 Explanation of forms and how to complete; specific steps to probate a will. 

4B-101 Application for informal appointment of personal representative (no will). 

4B-102 Application for informal probate of will and for informal appointment of personal representative (will).

4B-103 Order of informal appointment of personal representative (no will). 

4B-104 Order of informal probate of will and appointment of personal representative (will). 

4B-105 Acceptance of appointment as personal representative (will) (no will).

4B-106 Letters of administration (no will).

4B-107 Letters testamentary (will).

4B-201 Notice of informal appointment of personal representative. 

4B-202 Proof of notice. 

4B-301 Notice to known creditors.

4B-302 Notice to creditors. 

4B-401 Inventory.

4B-501 Accounting.

4B-502 Verified statement of the personal representative. 

4B-503 Application for certificate of full administration.

4B-504 Certificate of full administration and release of property lien.

4B-601 Affidavit of poverty and indigency. 

4B-602 Order allowing free process.