Departments and Divisions
Bienvenidos a la Corte de Legalización de un Testamento del condado de Río Arriba, Nuevo Mexico.
Welcome to the Rio Arriba County Probate Court
Angela M. Gallegos, Probate Judge
Phone: (575) 588-7724/25
Fax: (505) 753-1258
E-Mail: agallegos@rio-arriba.org
Rio Arriba County Courthouse
Main Street #7
P.O. Box 158
Tierra Amarilla, NM 87575
Currently this page is under construction. If you would like more information please call the numbers listed above. Thank you for your patience.
Hours:
Thursday 10:30 AM - 3:00 PM Walk-Ins Welcome
and By appointment.
Mission Statement:
• To treat my constituents with respect and compassion.
• To educate the public on "What Is Probate" and "The Probate Process" Please call 505 747-5352.
The Probate Judge
The probate judge is a part-time position. Probate courts for each county in the state were established by the New Mexico Constitution, Article VI, Section 23. That constitutional section gives the New Mexico Legislature power to define the jurisdiction of the probate courts within the scope of the constitution.
Since July 1, 1976, jurisdiction of the probate courts is limited to the following activities:
• Admission of will to informal probate.
• Informal appointment of personal representatives.
• If required, fixing bond according to the formula set out in the state Probate Code.
• Upon verified application of a personal representative, signing a certificate that the personal representative appears to have fully executed an estate.
• To enable the personal representative to obtain a discharge of liens securing his performance.
The Probate Judge also is authorized by law to perform marriages.
Rio Arriba Probate Court
Purpose of the Probate Court
Probate is the judicial process for transferring the property of a person who has died (called decedent). The property is transferred according to either: (1) the decedent's Will or (2) if the decedent dies without a Will, according to New Mexico's laws of Intestate Succession. The Probate Court appoints legally qualified persons, called Personal Representatives, to manage and settle the decedent's business affairs. Personal representatives pass the deceased person's estate property, real and personal, to the rightful recipients. Rightful Recipients might include heirs, devisees named in a valid and current will, or creditors.
Opening a Probate Case
Estate papers (called pleadings), the original Will, if any, and proper payment are presented together to the Court for review and appointment of the 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.
If, for any reason, the Court does not accept the estate, all payments and pleadings are returned to the applicant. Once the Court opens the probate case, no refunds are possible, but a receipt is given to the filing party.
Once the Judge signs the Order appointing the Personal Representative, the Court issues Letters of Testamentary (cases where the decedent left a valid will) or Letters of Administration (in cases where the decedent did not leave a valid will). These Letters give the Personal Representative legal authority to conduct the decedent's estate business
Examples of matters to arise in a probate case include, but are not limited to:
• Legally changing title to real property owned by the decedent to name of the new owner(s)
• Legally changing title to personal property, such as bank accounts, stocks, bonds, etc.
• Paying creditors
• Filing decedent's income taxes and estate taxes, if necessary