Union County Probate Record Split
Union County has a practical probate split that should guide every records request. The Union County Clerk's Office states that the Office of the Informal Probate Court is located in the Union County Administration Building and operates within the office of the Union County Clerk. That local source also says informal probate cases can be searched in the public records database from the late 1800s to the present and may be viewed in person during business hours.
Formal or contested probate is different. New Mexico Courts describes Probate Court as a limited-jurisdiction, no-jury court for informal probate and estate matters, while contested cases go to District Court. In Union County, formal probate cases filed in the Eighth Judicial District Court are searched through New Mexico Courts systems, including Case Lookup for public case information and re:SearchNM for registered document access where allowed. The distinction matters for old wills, uncontested estates, guardianship litigation, and objections to a personal representative.
Union County Probate Court
Within the Union County Clerk's Office
200 Court Street
Clayton, NM 88415
Mail: PO Box 430, Clayton, NM 88415, ATTN: Probate Court
575-374-9491 Ext. 2
Judge hours: Wednesday, 1 p.m.-4 p.m. by appointment
Eighth Judicial District Court
Formal or contested probate cases
100 Court St., Suite 5
Clayton, NM 88415
575-374-9577
Monday-Friday, 8 a.m.-4 p.m., open through lunch
Union County Probate Terms
Probate records use terms that can change the search route. A simple will packet filed for an uncontested estate is not the same as a District Court dispute over heirs or property. These definitions keep the common Union County probate record types clear.
- Testator
- The person who made a will.
- Personal representative
- The person appointed to handle estate tasks. New Mexico sources may use this term instead of executor.
- Executor
- A common term for a person named to carry out the will, often tied to older or general probate language.
- Intestate
- Dying without a will, which changes how heirs and estate steps are handled.
- Guardianship
- A court arrangement for personal decision-making for someone who cannot handle those decisions alone.
- Conservatorship
- A court arrangement for management of money or property for someone who needs that protection.
Informal vs Formal Probate
Informal probate in Union County is the local, limited probate path through the County Clerk and Probate Court. It is the likely route for an uncontested estate packet, a will or no-will packet, appointment paperwork, and routine estate administration when no court fight is pending. The county's official records search is especially useful for historical informal probate because Union County says the database covers informal probate cases from the late 1800s to the present.
Formal probate belongs with District Court when the estate is contested or needs broader judicial action. That can include objections to a will, disputes among heirs, guardianship litigation, conservatorship disputes, formal orders, and contested estate administration. Case Lookup may show public case information, but actual documents are not available through public Case Lookup. Eligible users may use re:SearchNM, and older or missing court records can require the New Mexico Courts IPRA route.
This split is also useful for family history and land-related estate research. A search for an old will, informal estate, or personal representative appointment may lead to the county recording database because Union County says informal probate coverage reaches from the late 1800s to the present. A search for a contested modern estate may need District Court even when the family name also appears in county records.
| Probate route | Where to start | Best fit |
|---|---|---|
| Informal probate | Union County Clerk / Probate Court | Uncontested estate, will packet, no-will packet, older probate search |
| In-person informal file review | Clerk's Office at 200 Court Street | Viewing local probate material during available office access |
| Formal probate | Eighth Judicial District Court | Contested estates, orders, guardianship or conservatorship litigation |
| Online court case information | New Mexico Case Lookup | Public formal probate case status when available |
Search Union County Probate Records
The Union County Official Records Search is the main online path for informal probate records. The portal supports quick searches with a search term, date range, recorded-date controls, and search-scope choices for index only or index plus full text OCR. Use names of the decedent, personal representative, heirs, or related parties when known. If a case is formal or contested, use the New Mexico Courts case systems instead of the county-recording search.
- Decide whether the estate appears informal and uncontested or formal and contested.
- For informal probate, search the county official records portal by name, document type, document number, and date range.
- For old probate or genealogy research, use the clerk route because the county states informal probate coverage reaches back to the late 1800s.
- For formal probate, search New Mexico Case Lookup for public case information.
- If documents are needed, use re:SearchNM if eligible or contact the District Court clerk.
- If the online search does not locate the record, call the Probate Court or District Court based on the case type.
The official Union County records portal is the key source for informal probate searches and older county probate entries.
That portal should not be confused with New Mexico Case Lookup, which serves District Court and other state judiciary case information.
Union County Probate Fees
The Union County Clerk page gives two usable local probate fees. The probate packet is posted at one amount whether the estate has a will or no will, and the informal probate filing fee is posted separately. Official assigned research did not locate a verified certified-copy fee for probate documents, so copy costs should be confirmed with the office before mailing a request.
| Item | Fee | Notes |
|---|---|---|
| Probate forms packet, with or without a will | $5 | Posted by Union County Clerk |
| Informal probate filing fee | $30 | Posted by Union County Clerk |
| Certified copies or document copies | Not located in official text | Verify with Clerk or District Court |
The Union County forms and policies page is one county source connected to probate and other local document access.
Probate packet links may require current county-site routing, so use the clerk page and phone line when a direct PDF does not load.
What Union County Probate Records Show
A Union County informal probate file may include an application or petition, will if one exists, no-will packet material, death-related documentation, heir or devisee information, appointment of a personal representative, notices, inventories, accountings, orders, and closing papers. These are typical probate file contents supported by the research, not a claim that every Union County file has each item. Older files may be thinner, handwritten, indexed in a different way, or tied to historical recording practices.
Formal probate files in District Court can add pleadings, objections, hearing notices, motions, formal orders, and docket entries. Guardianship and conservatorship matters may have more restricted access because they can involve protected personal, medical, financial, or minor-related information. Adoption is even more restricted under New Mexico law and should not be treated as an ordinary probate file.
The county clerk's probate packet links were visible in the official source list, but the direct PDF links were not usable during research. That means packet names and posted fees can be used, while detailed form fields from those PDFs should not be invented. Ask the Probate Court or County Clerk for the current packet when filing.
Certified-copy fees and detailed packet field lists were not confirmed in the official local text. For that reason, a mail request should include a phone-confirmed fee quote, the decedent name, date range, probate route, and whether a plain or certified copy is needed. District Court files should not be ordered from the county probate counter unless the office confirms that the matter is informal and local to the Clerk's probate function.
New Mexico adoption access limits were documented through an official child-welfare source assigned to Union County probate records.
That access limit supports a cautious probate records page because not every family-related court file is open to the public.
Restricted Union County Probate Records
Most informal estate records are less restricted than juvenile, adoption, mental health, or sealed court matters, but probate access still depends on the record type. New Mexico's online court access policy places adoption, mental health, abuse and neglect, and related protected categories in strict access tiers. Public Case Lookup also does not show documents and excludes personal identifying information. If a probate issue touches minors, incapacity, adoption, or sealed filings, the public record may be limited or unavailable online. The Probate Court can confirm which local file route applies.
Note: A missing online result does not prove that no Union County probate file exists, especially for old informal files or formal cases with restricted documents.