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New Mexico Transfer on Death Deed

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New Mexico Transfer on Death Deed

Updated April 12, 2024

A New Mexico transfer on death deed allows a person to transfer their real property to a designated beneficiary upon their death. Using a transfer on death deed offers a much simpler process than going through the probate court to transfer ownership.

Table of Contents

Requirements

  • Notary: Required.[1]
  • Witnesses: Not required
  • Recording: Before the owner’s death in the county where the property is located.[2]

Legal Description

A legal description provides a detailed and precise description of a property’s boundaries, location, and physical features. This can be found on the property deed or any other official document that conveys the property. It can also be obtained at the county clerk’s office.

Example

“Lot 4, Block 3 of the Park Subdivision, as the same is shown and designated on the plat of said subdivision filed for record in the office of the County Clerk of Bernalillo County, New Mexico, on October 11, 1978, in Map Book D-13, page 77…”

Revocation

three ways to revoke a death deed, revocation form, transfer on death deed, transfer the property

In New Mexico, a transfer on death deed (TODD) can be revoked in one of three ways:

  1. Complete a revocation form and get it notarized.
  2. Complete and acknowledge a new TODD containing a clause revoking any prior deeds.
  3. Transfer the property to someone else by a recorded deed that expressly revokes the TODD.

To be effective, these must be recorded with the county clerk’s office before the transferor’s death.

How to Record

The original document should be recorded with the county clerk’s office in the county where the property is located. The recording fee is $25 for each document.[3]

Once the transfer on death deed is recorded, keep a copy of the document for safekeeping. In New Mexico, it is not required by law to notify the beneficiary about the TODD.

Sources

  1. § 45-6-402(C)
  2. § 45-6-409(C)
  3. § 14-8-15