Clerk's Office

A probate clerk, or probate clerk of court, is an official of the courthouse who is professionally trained to serve the public on matters related to the probate and estate settlement process.

While probate clerks are professionally trained and incredibly knowledgeable on the legal topics of trusts, wills, probate and estate administration, their formally appointed function is to advise and assist the public with general inquiries and administrative related questions throughout the probate process, which shouldn't be confused with providing individualized legal counsel or advice for specific interpretive questions regarding your individual situation, as this may be construed as an unauthorized practice of law in the state of New Mexico.

While the interpretation of ‘advice’ is subjective and may vary by jurisdiction or probate court, keep this in mind when dealing with probate clerks and staff of the Clerk's Office to help avoid unwarranted frustration from any appointed official who is balancing their legal or elected responsibilities alongside their efforts to be as helpful as possible throughout the probate and estate settlement process.

In Lincoln County, New Mexico, probate clerks are every years by and serve year terms. Probate clerks can typically be without a gap in service. Within Lincoln County, New Mexico, probate clerks false have judicial powers, meaning they false also serve in the same capacity as a probate judge.

A probate judge is the official of the courthouse who resides in formal probate case hearings and is responsible for interpreting and applying the law during situations requiring a ruling.

While a probate judge in New Mexico may reside over routine probate processes like appointment of a personal representative, they will nearly always be present in situations involving will contests, beneficiary disputes, creditor claims or other arguments prompting litigation during the probate or estate settlement process.

In Lincoln County, New Mexico, probate judges are every years by and serve year terms. Probate judges can usually be without a gap in service.

Probate can be notoriously confusing. Small estate affidavits, formal vs. simple administration, executors & executrixes— there’s more than enough jargon to make your head spin.

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While Atticus works hard to keep this information up to date, certain details change from time-to-time with little or no communication. To help avoid any mishaps, it’s advised to call ahead to confirm the Clerk's Office is the best location to visit for your situation and that a probate clerk or judge will be present at the desired day and time.

When able, it’s always helpful to request an appointment with a probate clerk or probate judge prior to visiting any probate court location.

The phone number for the Clerk's Office is: (575) 648-2394