Docket Sheets & Index
Most of the docketing information in a probate case is required by statute. Although you may not actually deal with this part of the probate process, you should be aware of the requirements.

Section 45-1-305A states that "…the probate court shall keep a record for each decedent…. and shall maintain a system for indexing, filing and recording which is sufficient to enable users of the records to obtain adequate information."

Section 34-7-20 states that the county clerk shall keep a record or docket additional to the other records required by law, showing the following:

A. The name of every decedent whose estate is administered and the date of his death;
B. The names of all the heirs, devisees and surviving spouse of the decedent and their ages and places of residence, so far as can be ascertained, and;
C. A note of every sale of real estate made under order of the Court with a reference to the volume and page of the court record where a complete record thereof may be found.

The Docket Sheet sets out some of this required information, along with other pertinent information about the probate case that can be accessed without having to look at the file.

Bernalillo County's Probate Court Docket sheet contains the following information:

• Docket Number
• Filing Date
• Name of Deceased
• Date of Death
• Attorney for the Estate (complete name address and telephone number)
• The title and date of all pleadings filed with the Court (and microfilm reel #)

The entry for the Application also sets out the name, address and telephone number of the Applicant (the Application itself contains the required information about the spouse, children, heirs and devisees--but the Probate Code only requires the ages of minor children)

The Bernalillo County Probate Court also maintains a monthly worksheet of pleadings filed with the Court that sets out what pleadings were filed with the Court, on what date and in which case.

The Index allows you to search for probates by name, date of filing, etc., so that you can easily access the files when someone does not have a case number.

Note: In some counties, the probate pleadings are recorded in the county clerk's office. Real Estate transactions (Personal Representative Deeds) need to be recorded with the County Clerk's office. It is helpful for the Personal Representative to file a copy of the deed with the probate court, but not required.

Court Costs and Fees
The current probate court filing fee (or docket fee) is Thirty Dollars ($30.00) and is set by statute (Section 34-7-14).

The New Mexico probate judges have agreed to charge a flat fee of Five Dollars ($5.00) for the Probate Court Form Packets. This is so all the probate courts charge the same fee for the forms.

Section 34-7-15 sets out allowable fees for other costs—in practice, the Bernalillo County Probate Court's fees are based upon the County Clerk's fees. The Bernalillo County Probate Court charges are:

• Copies--$0.50 per page
• Certifications--$0.50 per document certified
• Authentications--$1.50 per authentication (this usually has several documents attached, but is only one fee)

Retention & Public Record Requirements for Storing Cases
Chapter 14 NMSA covers the preservation, recording and retention of records, as well as the inspection of public records. You should be aware of the procedures your county has in place for handling these matters, what changes need to be made, if any, and the procedure for doing so.

Storage of Old or Closed Files—Probate court case files basically need to be retained forever. They are case records and cannot be destroyed. Your county may store old case files "off site"-- but you need to be able to access the files or copies of them in some manner. The Bernalillo County Probate Court receives quite a few requests for documents from very old (early 1900s) files, so you really do need access to the files, even after they are closed.

Microfilm—You should have a "backup" copy of everything filed with your Court. The Bernalillo County Probate Court currently microfilms documents as they are filed with the Court. This can be cumbersome, since we have to search through several rolls of microfilm to find the contents of one file. There are other technologies available, but you need to be sure that any method you choose meets state requirements. The authorization for making copies of documents is found in Chapter 14.

Securing Files—You need to be especially careful about the storage of original wills. The Bernalillo County Probate Court stores the original will in a separate, locked, and fireproof filing cabinet. A certified copy of the will is placed in the court file. Your court files should also be in a secure area, where no one (other than court staff) has access to them when you are not in your office.

Accessibility to the Public—Although probate court case files are public record, you may want to limit access to files by not allowing the public to remove files from filing cabinets themselves. You may want to allow title companies and other entities that do frequent searches more access to the files, but even then, you might want to require them to sign out each file they access and limit how many files they are allowed to view at one time. These limits will help you keep files from disappearing or being misfiled. Never allow anyone to remove a file from the probate court. Even the Court staff is prohibited from taking any documents or books pertaining to the Court further than 6 miles from the Court, see Section 34-7- 7. Exceptions include repairs to old docket books, etc. Visitors to the Court should not be allowed access to probate court records that have not been made part of the file, except as discussed below.

Other Public Records—The probate court is specifically required to make its accounts (i.e. monies received, etc) open to the public, see Sections 34-7-17 and 34-7-18. Personnel files, salary, budget, etc. are also public record and must be produced upon request; however, anyone requesting these records should be directed to make their request to the respective departments that keep these records, not the Court itself.

Other Record Retention—The State of New Mexico has record retention requirements for documents produced by state agencies (or the political subdivisions thereof). There are also retention requirements for courts. Most records, including correspondence that does not go into the case file, need to be retained for three years or more. If you are involved in purchasing items for your Court, payroll, budget, etc., you also need to at least be aware that retention requirements for these records also exist.