Bernalillo County, New Mexico Court Filing
Fee Lookup

Court filing fees in Bernalillo County, New Mexico are collected by the Bernalillo County Probate Court in Albuquerque according to New Mexico's statutory fee schedule, plus any local surcharges authorized by county ordinance. With 676,444 residents and ranked the most populous jurisdiction in New Mexico, Bernalillo County operates within the District Court (civil/family) / Probate Court (county-level) / Magistrate Court (small claims/limited civil) and follows both the state's base fee requirements and its own local additions.

Bernalillo County is home to Albuquerque, New Mexico's largest city, where the annual International Balloon Fiesta fills the sky with hundreds of hot air balloons, and a unique blend of Native American, Hispanic, and Anglo cultures shapes the local character. These local economic characteristics shape the types of legal proceedings filed in Bernalillo County — from probate of estates that include commercial property or business interests near Albuquerque to civil disputes arising from the county's primary industries.

The Bernalillo County Probate Court handles the full range of case types for this community, with filing fees applying uniformly based on case type regardless of the underlying subject matter.

Bernalillo County is known for landmarks including Sandia Peak Tramway, Old Town Albuquerque, Indian Pueblo Cultural Center. For residents and businesses in the areas surrounding these community anchors, knowing the applicable filing fees and court procedures in advance helps legal matters proceed efficiently at the Bernalillo County Probate Court in Albuquerque.

• Filing fees in Bernalillo County are based on New Mexico's statutory schedule, which applies statewide, plus any local surcharges assessed by the county. For reference, the statewide base fees by case type are: probate and estate filings — $50–$100 (Probate Court) / $30–$90 (District Court — Probate)
• civil complaints and appearances — $132–$197 (District Court) / $24–$36 (Magistrate Court)
• family law matters (divorce, custody, support) — $132–$197 (District Court — Domestic Relations)
• small claims filings — $24–$36 (Magistrate Court small claims). These figures represent the state-level base
• the total amount due at the Bernalillo County Probate Court in Albuquerque may include additional local charges.

As one of New Mexico's larger jurisdictions, Bernalillo County may assess higher local surcharges than the state's rural counties, reflecting the greater administrative cost of operating a high-volume court in Albuquerque.

• Beyond the initial filing fee, Bernalillo County litigants and estate administrators should budget for recurring court costs throughout the proceeding: fees for filing subsequent motions and responses, charges for certified copies of letters testamentary or court orders (typically $5 to $25 per document in New Mexico), jury demand deposits in civil cases, and in probate matters, fees associated with filing the inventory, accountings, and petition for discharge.
• For a complete picture of expected court costs in Bernalillo County, request the full fee schedule from the Bernalillo County Probate Court clerk in Albuquerque before initiating the proceeding.

New Mexico has been expanding electronic filing (e-filing) capabilities across its court system. Bernalillo County is among the jurisdictions where e-filing is more established.

For this major county, the Bernalillo County Probate Court in Albuquerque likely participates in the state's e-filing system, and represented parties in civil and family matters may be required to file electronically. Contact the Bernalillo County Probate Court clerk directly to confirm the current e-filing requirements for your specific case type.

When e-filing is available in Bernalillo County, the system charges a convenience fee per transaction — typically $2 to $8 — in addition to the applicable statutory court fees. This convenience fee is charged by the e-filing service provider rather than the court itself and is generally non-waivable even for litigants who have received a court fee waiver.

Self-represented litigants (pro se filers) are often exempt from mandatory e-filing requirements and may file in paper at the Bernalillo County Probate Court clerk's window in Albuquerque during regular business hours.

For probate and estate matters in Bernalillo County, e-filing availability may differ from civil cases. Some New Mexico probate courts have been slower to adopt e-filing given the document-intensive nature of estate proceedings — original wills, certified death certificates, and original deeds often require in-person or mail submission regardless of whether other case types accept electronic filing.

Verify with the Bernalillo County Probate Court in Albuquerque which documents can be e-filed and which require physical originals before planning your filing strategy.

• Bernalillo County residents who cannot afford court filing fees may apply for a fee waiver under N.M.
• Stat.
• Ann.
• § 34-6-5.
• To apply, file a declaration of financial condition with the Bernalillo County Probate Court clerk's office in Albuquerque at the time of your initial filing.
• The declaration lists all household income sources, monthly expenses, assets, and liabilities.
• A judge or court commissioner reviews the application and issues an order granting or denying the waiver, typically within a few days of submission.

• Eligibility for a fee waiver in Bernalillo County generally requires that household income fall at or below 125% to 200% of the federal poverty level, or that the applicant is receiving qualifying public benefits — commonly Medicaid, SNAP, SSI, or public housing assistance.
• The specific income thresholds and qualifying programs are defined in N.M.
• Stat.
• Ann.
• § 34-6-5 and may have been updated by recent legislation.
• Ask the Bernalillo County Probate Court clerk in Albuquerque for the current income guidelines before completing your declaration.

• A granted fee waiver covers filing fees charged by the Bernalillo County Probate Court — including initial filing fees and subsequent filings in the same case — but does not cover costs owed to third parties.
• In Bernalillo County probate proceedings, a fee waiver does not eliminate the cost of publishing a notice to creditors in a newspaper of general circulation (a statutory requirement in most states), service of process fees paid to process servers or the sheriff's office, or costs for court-ordered appraisals.
• Budget for these additional costs separately even when a fee waiver is in effect.