Probate Court in Bernalillo County
The Bernalillo County Probate Court is a limited-jurisdiction court with no jury trials. New Mexico runs one probate court per county. Bernalillo County's court handles informal probate and uncontested estate matters, while contested cases and matters outside its jurisdiction go to District Court. The court has one elected probate judge. Official references identify the judge as Hon. Cristy J. Carbón-Gaul. Appointment scheduling runs through 505-468-1229, general information is 505-468-1232, and the email is probate@bernco.gov.
Probate Court is separate from the County Clerk and from the trial court. The County Clerk serves as clerk of the Probate Court for informal proceedings, which is why the two offices often appear connected. The Probate Court Administrator maintains the docket, the case files, accounting records, and the official record custody for probate matters. The office also helps title companies, financial institutions, and government agencies that need information for property transfers tied to an estate.
Bernalillo County Probate Court Contacts
The Probate Court office handles appointments, filings, and record requests. Older official references list the office at One Civic Plaza NW, 6th Floor, while more recent 2026 references point to Alvarado Square at 415 Silver Ave SW. Anyone planning a visit should confirm the current location by phone before going, since the office address has shifted.
Bernalillo County Probate Court
415 Silver Ave SW, 2nd Floor
Albuquerque, NM 87102
505-468-1229
Appointments; general info 505-468-1232.
Second Judicial District Civil Division
400 Lomas Blvd NW, Room 119
Albuquerque, NM 87102
505-841-7451
Contested probate, guardianship, conservatorship.
Email for the Probate Court is probate@bernco.gov. Contested estate matters, formal probate, guardianship, and conservatorship are handled by the Civil Division of the Second Judicial District Court, which is also where a case lands if a will is missing or the parties disagree.
Key Probate Terms
Probate uses words that do not show up in everyday speech. A short glossary helps a first-time reader understand a Bernalillo County probate file before they open it.
- Testator
- The person who made a will. A person who dies with a valid will dies testate.
- Intestate
- Dying without a valid will. State law then decides who inherits.
- Personal representative
- The person the court authorizes to manage and settle the estate, sometimes called an executor or administrator.
- Letters
- The court document that gives the personal representative legal authority to act.
- Devisee
- A person who receives property under a will.
- Heir
- A person entitled to inherit when there is no will.
- Guardianship
- Court authority over the personal care of a minor or incapacitated adult.
- Conservatorship
- Court authority over the finances of a protected person.
How to Search Bernalillo County Probate Records
The Probate Court keeps automated records for the probate docket and financial matters, plus open and closed case statistics. Secondary references describe a probate case lookup covering records from 1964 to the present, searchable by party or decedent name, case number, filing-date range, and death-date range. Because the official county pages were not fully accessible during research, the exact search-page address and field labels should be confirmed on the official Probate Court site.
| Field Label | Type | Notes |
|---|---|---|
| Name | Text | Party or decedent name search. |
| Name Type | Dropdown | Filters by role; exact options vary. |
| Case Number | Text | Probate case number. |
| Filing Date Range | Date range | Records reportedly from 1964 to current. |
| Death Date Range | Date range | Useful when the case number is unknown. |
For contested probate that moved to District Court, use New Mexico Judiciary Case Lookup, choosing Court Type D and Court Location 202 - Albuquerque. The District Court file is searched the same way as any other civil case. For the full court search walkthrough, see the Bernalillo County court records page.
What a Probate File Contains
A typical Bernalillo County probate file is a record of how an estate was opened, managed, and closed. The contents depend on whether the estate was informal and uncontested or formal and contested, but the core documents are consistent across most cases.
- Application or petition to open the estate.
- The original will, if there was one.
- Death information for the decedent.
- Information on heirs and devisees.
- Letters testamentary or letters of administration.
- Notice to creditors and proof of published notice.
- Inventories, accountings, creditor claims, and the closing statement.
The Probate Court Administrator coordinates legal notices with District Court and local newspapers, which is why published-notice records show up in the file. Public access is generally available unless a statute or court order restricts a specific document. Estates with minor beneficiaries or sensitive financial details may have restricted items even in an otherwise public case.
How Probate Works in Bernalillo County
The path through probate depends on whether the estate is simple or contested. Informal, uncontested estates stay at the county Probate Court. Anything contested, complex, or involving guardianship or conservatorship goes to the Second Judicial District Civil Division.
- Decide whether the estate is informal and uncontested or formal and contested.
- If informal and within Probate Court jurisdiction, file with the Bernalillo County Probate Court.
- If contested, past statutory time limits, missing an original will, or involving guardianship or conservatorship, file in the District Court Civil Division.
- Submit the application, the will if any, death information, heir and devisee details, and the request to appoint a personal representative.
- The court issues letters once the requirements are met.
- The personal representative gives notice, handles assets and debts, publishes notice when required, and later closes the estate.
Probate Filing Fees
Probate fees in Bernalillo County are modest compared with full civil litigation, because most estates move through the informal process. The Probate Court collects an opening fee for informal probate. Secondary 2026 sources cite about $30 to open an informal probate case, but the current official fee should be confirmed with the Probate Court before filing.
| Item | Detail |
|---|---|
| Open informal probate | Around $30 per secondary references; confirm with the Probate Court. |
| Contested or formal case | Filed in the District Court Civil Division at the court's civil rates. |
| Copies (District Court file) | $0.35 per page; certification $1.50 per document plus copies. |
Note: Confirm the current Bernalillo County Probate Court filing fee directly with the office, since the published amount was not verified from the official page during research.