New Mexico Consumer Law

Albuquerque, New Mexico 87101

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Free legal information and tools to help you assert your rights under federal, state, and local consumer laws that apply to New Mexico. 

We cover Bankruptcy, Probate & New Mexico Inheritance LawUnemployment BenefitsWage & Hour Laws, and Democracy & Voting Rights.

Access to Justice for New Mexico Consumers has been providing free tools and information to New Mexico consumers since 2006.

Free Tools and Information for New Mexico Consumers

New Mexico Inheritance Law & Probate Procedure

  • How Probate Works in New Mexico: How to handle the probate of an inheritance at Your County's probate court.
  • 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:

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.

Bankruptcy & Debt

New Mexico Unemployment Benefits

Democracy In New Mexico, Your County, your city 

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