Union County, New Mexico Court Filing
Fee Lookup

The Union County Probate Court in Clayton is the primary filing location for Union County's approximately 3,955 residents. As in the lower quarter of New Mexico jurisdictions by population, Union County's filing volume and court procedures reflect the county's specific character within New Mexico's District Court (civil/family) / Probate Court (county-level) / Magistrate Court (small claims/limited civil).

Understanding local fee schedules before approaching the clerk's window prevents delays and unexpected costs.

Union County is a rural jurisdiction in New Mexico where the Union County Probate Court in Clayton handles all case types with a less specialized but accessible approach to court administration. Confirming the current fee schedule with the clerk's office is recommended, as fees can change when new state legislation takes effect or when the county updates its local surcharge schedule.

• Filing fees in Union 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 Union County Probate Court in Clayton may include additional local charges.

• As a smaller jurisdiction, Union County typically operates with modest local surcharges, though the base state filing fees apply uniformly.
• The Union County Probate Court in Clayton may have more flexibility in scheduling and processing than the state's busiest courts.

• Beyond the initial filing fee, Union 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 Union County, request the full fee schedule from the Union County Probate Court clerk in Clayton before initiating the proceeding.

New Mexico has been expanding electronic filing (e-filing) capabilities across its court system. Union County is a jurisdiction where e-filing adoption may be more limited.

In smaller counties like Union County, the Union County Probate Court in Clayton may accept or require paper filings for some or all case types, though this is changing as the state's e-filing infrastructure expands. Contact the Union County Probate Court clerk directly to confirm the current e-filing requirements for your specific case type.

When e-filing is available in Union 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 Union County Probate Court clerk's window in Clayton during regular business hours.

For probate and estate matters in Union 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 Union County Probate Court in Clayton which documents can be e-filed and which require physical originals before planning your filing strategy.

• Union 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 Union County Probate Court clerk's office in Clayton 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 Union 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 Union County Probate Court clerk in Clayton for the current income guidelines before completing your declaration.

• A granted fee waiver covers filing fees charged by the Union County Probate Court — including initial filing fees and subsequent filings in the same case — but does not cover costs owed to third parties.
• In Union 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.