Detailed Answer

Disclaimer: I am not a lawyer and this is not legal advice. This article explains how the New Mexico probate process typically works and how to ask a New Mexico probate court for permission to sell estate property when the clerk’s office will not explain filing requirements. Use this information to prepare and decide whether to consult a licensed New Mexico attorney.

Overview — When you need the court’s permission

In New Mexico, selling real property that belongs to an estate commonly requires authority from the court unless the will expressly gives the personal representative (executor or administrator) clear authority to sell without further court approval, or the property passes outside probate (for example, joint tenancy, transfer-on-death deed, or beneficiary deed). The court gives that authority by signing an order after a personal representative files the right paperwork and gives notice to interested persons.

Why the clerk may not explain how to file

Clerks can provide information about filing locations, fees, and accepted forms, but they cannot give legal advice, prepare petitions for you, or advise you whether a particular filing will accomplish a legal outcome in your case. If a clerk seems unhelpful, they may be avoiding giving legal guidance they are not allowed to provide. That does not mean you cannot proceed — it means you must either use published court forms and instructions or get legal help.

Key New Mexico resources

• New Mexico Courts — Self-Help and Probate pages (forms & general procedures): https://www.nmcourts.gov/self-help/
• New Mexico Legislature (statutes and probate code): https://www.nmlegis.gov/ — search the New Mexico Probate Code (NMSA 1978) for statutory language governing estates and personal representatives.

Practical step-by-step: How to get court permission to sell estate real property in New Mexico

1. Confirm your role and authority.

   Make sure you are the personal representative (appointed by the court) or that the will gives you express power to sell. If you are not appointed yet, you must first open probate and be appointed.

2. Check whether court approval is required.

   If the will explicitly grants you the power to sell estate real property without further court approval, you may be able to proceed under that authority. If there is any doubt, plan to seek a court order.

3. Gather the items you will need for the petition.

   Typical items include: a copy of the will (if any); letters testamentary or letters of administration showing your appointment; a proposed inventory or description of the property; an appraisal or market analysis; copies of notices to heirs/devisees; and the proposed purchase contract (if you have a buyer).

4. Prepare a Petition for Order Authorizing Sale of Real Property.

   The petition explains who you are, your appointment, the property to be sold, why the sale is in the estate’s best interest (e.g., to pay debts, to distribute proceeds, to prevent waste), whether there are liens, and how the sale price was determined. Attach the proposed buyer’s contract (if any) and a proposed order for the judge to sign.

5. File the petition with the probate court where the estate is open.

   File the petition and proposed order with the clerk’s office. The clerk will accept filings and collect filing fees but cannot tell you if the petition is legally sufficient. If you need the clerk to help find a form or the local rules, ask for the court’s probate forms or local rules packet.

6. Provide notice to interested persons and creditors.

   After filing, you must give written notice to all interested parties (heirs, devisees, and other persons entitled to notice). Keep proof of service or certified mail receipts. If required, publish notice in a local paper. The court will not sign an order until notice requirements are met or waived.

7. Request a hearing (if required) and attend.

   Some petitions are decided without a hearing if no one objects. If someone objects, or your petition requests relief that requires a hearing, the court will set a date. Be ready to explain why the sale is necessary and the fairness of the price and terms.

8. Get the court order and complete the sale.

   If the judge signs the order authorizing sale, use the signed order at closing. The court order will direct how proceeds are to be used (pay debts, pay expenses of administration, distribute to beneficiaries). Record any documents the title company or county recorder requires.

What to include in the petition and proposed order

• Case name and number and your status as personal representative.
• Legal description of the property and current valuation or appraisal.
• Reason sale is necessary or advisable (e.g., to pay debts, prevent waste, distribute proceeds).
• Proposed terms of sale, identity of buyer (if known), and purchase price or how price will be determined (competitive sale or private sale).
• Statement about notice given to heirs, beneficiaries, and known creditors.
• Request for specific relief (authority to sell, authority to execute deed, authority to pay closing costs and real estate commissions from proceeds, and any temporary relief like approval to market the property).

If the clerk won’t explain filing requirements — practical alternatives

• Use the New Mexico Courts self-help pages for probate forms and filing instructions: https://www.nmcourts.gov/self-help/
• Contact your county’s court website or local court’s probate division for published forms and local rules.
• Consider a short consult with a probate attorney or limited-scope lawyer (“unbundled” services) who can draft or review the petition and proposed order.
• Use a title company or real estate attorney to help with closing mechanics once the court order is obtained — they often know local probate sale practices.
• Contact New Mexico legal aid or bar referral services for reduced-fee or pro bono help: New Mexico State Bar (https://www.nmbar.org) or local legal aid organizations.

Typical timing and costs (what to expect)

The timeline depends on whether notice periods apply and whether anyone objects. Allow several weeks for notice and mailing, and possibly longer if a hearing is needed. Costs include filing fees, appraisal costs, any required bond, publication fees (if required), real estate commissions, and legal fees if you hire an attorney.

Common problems and how to avoid them

• Incomplete notice: make sure every beneficiary and heir receives proper written notice and that you keep proof of service.
• No proposed order: courts prefer a clean, properly drafted proposed order for the judge to sign—include specific language granting authority to sell and to sign closing documents.
• Unknown liens or mortgage issues: get a title report early so you can disclose or handle liens before you request approval.
• Low-quality appraisals: attach a credible valuation or multiple offers to support the reasonableness of the sale price.

When to hire an attorney

Hire a probate attorney if the estate is complex, if heirs or beneficiaries are likely to object, if there are unclear title issues, or if you are uncomfortable preparing pleadings and serving notice. Many attorneys offer limited-scope help to prepare or review a petition only.

Where to look for forms and more information

• New Mexico Courts — Self Help and Probate: https://www.nmcourts.gov/self-help/
• New Mexico Legislature (search for the New Mexico Probate Code, NMSA 1978): https://www.nmlegis.gov/
• New Mexico State Bar (referral and resources): https://www.nmbar.org

Final checklist before filing

• Confirm you are appointed or request appointment if needed.
• Prepare the Petition for Order Authorizing Sale and a proposed order for signature.
• Attach appraisal or support for sale price, and the purchase agreement if you have one.
• List all interested persons and prepare notices and proof of service.
• File with the probate court, pay fees, and schedule or request a hearing if required.

Helpful Hints

• Remember: court clerks can accept filings and point to forms, but they cannot give legal advice—ask them for form names and fee schedules only.
• Draft a clear, short proposed order that the judge can sign—include specific authority requested (sell, sign deed, pay closing costs).
• Get a professional appraisal or a title report early to identify liens and support the sale price.
• Keep a tight paper trail: copies of the petition, service receipts, signed order, and closing documents are essential for the estate file.
• Consider a limited-scope attorney review if you prepare filings yourself—this is often less expensive than full representation.
• If the estate is small and the law allows an affidavit transfer or small estate procedure, that may be faster than full probate—check New Mexico options on the courts website.

If you want, tell me whether a will exists, whether you are already appointed as personal representative, and whether there is a buyer in hand. I can then suggest a short list of specific documents and wording commonly used in New Mexico petitions.