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Probate Court

Purpose of Probate:
Probate is the judicial process of transferring the property of a person who has died (called a decedent) the property is transferred according to either (1) the decedents will, or (2) if the decedent died without a will. The probate court appoints a legally qualified person, called personal representative, to manage and settle the decedent’s affairs. The personal representative passes the decedent’s property, real and personal to the rightful recipients, heirs and/or devisees.

Jurisdiction of the Court:
State law limits the jurisdiction of the Probate Court to:

  • Admitting wills to informal probate
  • Appointing personal representative informally (without a will)
  • Issuing Certificate of Full Administration of the estate
In addition to handling informal probate cases, the probate court provides general information on process (how to file), record (what is on the file, title searches and wills)

State Law also allows probate judges to perform
  • Marriages
No matter when or where a will was originally made, probate would be filed in Cibola County Probate Court, if

  • The decedent was domiciled in Cibola County at the time of death (i.e. Cibola County was the permanent residence of the decedent.
  • The decedent lived outside of New Mexico but owned property in Cibola County
Costs:

The docket fee to file for informal probate in probate court if $30.00. Certification of filed documents is $1.00 per document. Filed copies by the court cost $0.50 per page. The court accepts cash, checks, money orders or cashier checks.

Documents needed to open a probate
  • Original and valid will (including codicils)
  • Death Certificate
  • Estate papers (called documents) the original will, if any, and proper payment are presented together to the court for review and appointment of personal representative and/or probate of the will, if any, The initial application must be signed by the applicant in the presence of a notary public and should include an original death certificate. Applicants must submit complete, accurate and truthful pleadings to the court.
Resources and information
Probate Self Help Guide
Probate Court Forms

Application for Informal Probate of Will and for Informal Application of Personal Representative(with will)Please fill out paperwork. You must bring the ORIGINAL Will and the ORIGINAL Death Certificate with your completed packet to start a probate filing

Application for Informal Appointment of Personal Representative (without will)
Please fill out paperwork. You must bring the ORIGINAL Will and the ORIGINAL Death
Certificate with your completed packet to start a probate filing

Cibola County Probate Court
700 Roosevelt Ave Suite 50
Grants, NM 87020

Court Hours:
Tuesday, Wednesday, Thursday
10:00 am to 12:00 pm
Scheduled Appointment Recommended

Contact Information:
Marie Garcia
Probate Judge
Phone: (505) 285-2552
Email: marie.garcia@co.cibola.nm.us

Maria Grijalva
Probate Court Clerk
Phone: (505) 285-2540
Email: maria.grijalva@co.cibola.nm.us