Rule 1-095.Informal probate proceedings in probate court
Last verified June 26, 2026
In one sentenceRule 1-095 coordinates informal probate proceedings in the probate court with the district court’s records, governing notices, filings, copies, fees, and demands for notice.
Full Text of Rule 1-095
A. Applicability of rule. This rule shall apply to informal probate proceedings filed in the probate court.
B. Initial pleadings. At the time an informal probate proceeding is filed the probate court shall advise the clerk of the district court in writing of the style of the case and the names and addresses of the party filing the initial pleading and his attorney, if any. Upon the appointment of a personal representative in an informal proceeding, the probate court shall advise the clerk of the district court in writing of the names and addresses of the personal representative and his attorney, if any. When the informal probate proceeding is closed, the probate court shall furnish to the clerk of the district court a copy of the docket sheet for said proceeding showing all entries. The district court shall retain such information as a part of its records.
C. Filing of documents. After furnishing a copy of the docket sheet, the probate court shall, promptly upon the filing of any document with the probate court, cause to be furnished to the clerk of the district court notice of the type of document so filed and date of filing. If any such document shall evidence the appointment of a personal representative or any change in the name or address of a personal representative, the notice shall include the name and address of the personal representative, or any change therein. The clerk of the district court shall enter such information on its copy of the appropriate docket sheet.
D. Copies of documents. The clerk of the probate court shall, upon request and payment of fees required by law, furnish a certified copy of any document filed in an informal probate proceeding in the probate court. The obligation of the clerk of the district court to issue certified copies is limited to copies of documents actually filed in the district court.
E. Docket fee. If application for informal probate of a decedent's estate has been filed with the probate court and a claimant presents a claim against the estate by filing claim with the district court pursuant to Section 45-3-804 NMSA 1978, the clerk shall require payment of the docket fee required for filing other civil cases and shall promptly furnish to the probate court a copy of such claim.
F. Demand for notice. If a demand for notice is filed with the clerk of the district court pursuant to Section 45-3-204 NMSA 1978, and an informal proceeding is then pending in the probate court, the clerk of the district court shall promptly furnish a copy of such demand to the clerk of the probate court. If at the time of filing such demand there is no proceeding pending in either the district court or the probate court, and an informal proceeding is thereafter brought in the probate court, the clerk of the district court shall promptly furnish a copy of such demand to the clerk of the probate court upon receipt of copy of the docket sheet provided for in Paragraph B of this rule. Further, upon being furnished the name and address of a personal representative, the clerk of the district court shall mail a copy of the demand to the personal representative as required by Section 45-3-204 NMSA 1978.
End
Plain-English Summary
This rule links the probate and district courts. For informal probate proceedings filed in probate court, the probate court tells the district court clerk the case style and the parties, reports the appointment of a personal representative, and, when the case closes, provides the docket sheet; the district court keeps this as part of its records and is updated as documents are filed.
The probate clerk furnishes certified copies of probate filings on request, while the district clerk’s duty is limited to documents filed in district court. If a claimant files a claim against the estate in district court, the docket fee for civil cases applies; and a demand for notice filed in district court is relayed to the probate court and the personal representative as the Probate Code requires.
Frequently Asked Questions
How do probate court and district court records connect in informal probate?
The probate court reports the case, the personal representative’s appointment, and filings to the district court clerk, who keeps the information as part of the district court’s records.
Source & verification. Rule text and Committee commentary reproduced verbatim from the
New Mexico Rules of Civil Procedure for the District Courts (Rule 1-095 NMRA), published by the New Mexico Compilation Commission (NMOneSource).
Promulgated by the Supreme Court of New Mexico. The plain-English summary is original and draws on the official annotations. Last verified June 26, 2026. ·
Official source
Also known as: informal probateprobate courtpersonal representativeprobate docket