Albuquerque, NM Consumer Law

Tools and Resources for Albuquerque, NM Consumers

New Mexico Inheritance Law & Probate Procedure

• New Mexico PROBATE COURT FINDER:
  
  • Probate Court for Bernalillo County: Key information about your local probate court (Probate Court in New Mexico) for Bernalillo County.
• How Probate Works in New Mexico: How to handle the probate of an inheritance at Bernalillo County's probate court.
  • Here are links to New Mexico probate forms from the New Mexico probate court website.
• Small Estates Procedures in New Mexico: Learn how to use New Mexico's Small Estate procedures that can save you time and money.

  • You can use an Affidavit in New Mexico for estates with less than $50,000, not counting liens or encumbrances (like a mortgage). There is a 30-day waiting period.

    N.M. Stat. Ann 45-3-1201.

    You can also use an Affidavit for real estate if a married couple owns a principal residence, valued for property tax purposes at $500,000 or less, and holds it as community property. The surviving spouse can file an Affidavit with the county clerk if no other assets require probate. (If, for example, the other assets are bank accounts held in joint tenancy and retirement accounts or life insurance that pass by beneficiary designation.) There is a six month waiting period.

    N.M. Stat. Ann 45-3-1205.

    You can use a summary probate procedure for estates in which the value of the estate, less liens or encumbrances, doesn't exceed the homestead allowance, exempt property, family allowance, and costs of administration, funeral expenses, and last illness expenses.

    N.M. Stat. Ann. 45-3-1203 and following.

     

• New Mexico Estate Taxes:

  • New Mexico, like most states, does not impose an estate or inheritance tax. Only a few states do.

• Avoiding Probate in New Mexico. Find out what property bypasses probate death and goes directly to beneficiaries. such as:
  • Transfer on Death Deeds (TODDs)

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New Mexico Wage & Hour Law

• New Mexico Minimum Wage:  

  • The minimum wage in New Mexico is $12 an hour. Because this is higher than the federal minimum wage of $7.25, employees in The Land of Enchantment must be paid at least $12 an hour. A handful of local governments in New Mexico have passed their own minimum wage ordinances.

    Bernalillo County Minimum Wage

    In the unincorporated area of Bernalillo County (outside the city limits of Albuquerque), the current minimum wage is $9.45 an hour. Because this is lower than New Mexico's current minimum wage, workers in Bernalillo County are entitled to the higher state amount. 

    Albuquerque Minimum Wage

    The city of Albuquerque’s minimum wage is currently $12 an hour.

• Overtime Pay: Every state has rules about weekly maximum hours and overtime. Learn about the overtime laws in New Mexico and whether they apply to you.
• Wage Claims: If you're being unlawfully underpaid, you need to learn how to file a "Wage Claim" in New Mexico. 
• Tips : Every state has special pay rates for tipped workers. Find out the rules for tipped workers in New Mexico.

  • In New Mexico, your employer may pay you a minimum wage of $3 an hour, as long as you earn enough in tips to bring your total hourly pay up to the full minimum wage, $12 an hour. If you don’t earn enough in tips to bring your compensation to the full minimum wage, your employer must make up the difference.

• State Labor Board:
  • Learn more about your rights under New Mexico law from the New Mexico Department of Workforce Solutions. Albuquerque: 505-841-4400; Las Cruces: 575-524-6195; Santa Fe: 505-827-6817

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New Mexico Unemployment Benefits

• Benefit Amounts in New Mexico: Learn how unemployment works, how much you'll get, and for how long.
  • In New Mexico, unemployment benefits range from $101 per week to $542 per week.
  • Formula:

    In New Mexico, your weekly benefit will be 53.5% of your average weekly wages in the quarter of the base period in which you earned the most. 

  • Duration:

    In New Mexico, you can receive unemployment benefits for a maximum of 26 weeks under state law. 

• Eligibility: >Whether you qualify for unemployment.
• How to Apply: How to apply for unemployment in New Mexico.
• Unemployment Office Near Me? How to find your local unemployment office.

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Bankruptcy & Debt

• Free New Mexico MEANS TEST CALCULATOR for Bernalillo County (applies the state and county income and expense standards into your means test calculation. Updated with the latest median income and expense standards for April 1, 2024)
• Free New Mexico BANKRUPTCY EXEMPTION FINDER: Search detailed listings of bankruptcy exemptions under New Mexico law and Federal law, for use in filing out Schedule C, when you file for bankruptcy. 
• New Mexico BANKRUPTCY COURT ESSENTIAL INFO: Get information about using your local bankruptcy court.
• FREE BANKRUPTCY FORMS:
  We'll tell you which bankruptcy forms you need and where to find them.

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Child Custody & Family Courts in New Mexico 

• State Standards For Custody Decisions: How New Mexico Courts make child custody decisions
• Family Court for Bernalillo County: Bernalillo County Family Court information, including maps, forms and links.
• Enforcement of Custody Orders: Can you enlist local police to help enforce a custody court order?
• Child Custody Lawyers: To help you handle your child custody matters.

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New Mexico Obamacare

• Sign Up: We have the latest on how to sign up for Obamacare Insurance in New Mexico!
• Is Health Insurance Mandatory in New Mexico? Learn about whether New Mexico imposes tax penalties for not having health insurance.
• Special Enrollment Periods: How to enroll because of a "special enrollment period."
• Rates & Providers in Your County: Information and rates for providers for Bernalillo County if you live in a state served by Healthcare.gov.

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Democracy In New Mexico, Bernalillo County, Albuquerque 

• Elected Representatives: Find out the websites and phone numbers of those representing you at the Federal, State, County, and City levels of government.
• How to Vote: Learn how to register and where and when to vote in Albuquerque, NM.
• Gerrymandering in New Mexico: Has your state been gerrymandered? Find out how to end gerrymandering and have voters pick politicians, not vice versa.
• Tracking Issues: Organizations that track legislation you care about 

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Find a Lawyer in Albuquerque, NM

• Our Lawyers by Zipcode section allows users to find a local lawyer using the best online resources, including on topics we don't cover.
• DUI, Criminal Defense
• Auto Accidents & Personal Injury
• Immigration

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