| NOTICE |
| The current probate forms will only be accepted for probates filed prior to December 31, 2018. New forms will be available on January 1, 2019 and all probates filed after that date must have the new forms. Old forms will not be accepted, no exceptions. |
The Honorable Dwight Torres |
| A Probate Court is established in each County in New Mexico and is a court of records. On this page you will find answers to the most frequently asked questions regarding probate to help guide you through the process. It is the job of the Probate Judge to make sure the pleadings (paperwork submitted to the court) are complete and accurate under New Mexico law and the Uniform Probate Code which governs probate. The Probate Judge must be familiar with jurisdiction, venue, domicile, heirs, pleadings and many other legal issues that may arise in a probate. If you have any further questions, you may contact the Probate Court for more information. |
| What the Probate Judge and Staff CANNOT do |
| Neither the Probate Judge nor their staff can provide legal advice of any kind. Legal advice can only be given by a licensed attorney. The Judge or their staff cannot fill out the forms for you or assist you in filling out the forms, that includes preparation of deeds for any real property that requires transfer. Neither the Probate Judge nor their staff can recommend an attorney to you. |
| Requirements for Marraige by Probate Judge |
| A couple must first obtain a marriage license through the San Miguel County Clerk’s office. The fee for the license is $25.00. Both parties must come in to the clerk’s office to obtain the license and show their identification (to verify they are of legal age) and social security card. They may then contact the probate clerk to schedule an appointment to discuss the ceremony with the judge or to schedule the time and date. For more information regarding obtaining a marriage license, you may contact the County Clerk’s office at 505-425-9331. There is NO FEE for the judge to perform the ceremony. The ceremony can take place at the County Courthouse or at another location within the county (depending on judge’s availability). |