New Mexico Revocable Living Trust Form

Updated July 28, 2022

The New Mexico revocable living trust form is established when a Grantor (creator of the trust) wishes to determine how their personal property and other assets will be handled during their lifetime and after their death. When the Grantor dies, ownership of their assets will be transferred immediately to the Beneficiaries, unlike a Will whereas the Grantor’s assets must pass through the probate process. This trust type offers certain benefits over an Irrevocable trust, such as the ability to continuously benefit from the assets designated to trust and also the option for the Grantor to modify the trust as he/she sees fit.

Laws – § 46A-6-601 to §46A-6-604

How to Write

Step 1 – Begin by downloading the form in Adobe PDFMicrosoft Word (.docx), or Open Document Text (.odt).

Step 2 – On the first page of the New Mexico revocable living trust form, enter the following information in the spaces provided:

  • Grantor’s name
  • Date
  • Grantor’s name
  • Grantor’s mailing address
  • Trustee’s name
  • Trustee’s mailing address
  • Name of the trust
  • Is the trust an amendment to a prior living trust?

Step 3 – Article 4, Section A asks the Grantor to detail the assets which are to be distributed to specific individuals or organizations (provide names).

Step 4 – In Article 4, Section B, choose the appropriate option in regards to who shall receive the Grantor’s tangible assets (the Beneficiaries or a specific individual). If a specific individual, enter that person’s name, address, and the last four (4) digits of their SSN/Tax ID #.

Step 5 – Continue to Section C of Article 4 and provide the name and address of the primary Pet Caretaker. Just below that, provide the same information for the Alternate Pet Caretaker.

Step 6 – Move on to Part (ii) of Section C and specify whether or not the Pet Caretaker will receive funding for his/her services. If funding is to be provided, enter the dollar amount allotted for the Pet Caretaker and, just below that, enter the number of months or years allowed for the Pet Caretaker to claim possession of the Grantor’s pet(s) and provide the necessary care. If the Pet Caretaker has not fulfilled his/her duties by this time, their funds will be revoked.

Step 7 – In Part (iii) of Section C, provide the name and address of an individual who has permission to request an account of the funds used by the Pet Caretaker.

Step 8 – Continue to Page 5, Section D and provide the name, SSN/Tax ID # (last four (4) digits), and address of each Beneficiary.

Step 9 – For Article 10, specify the amount of time (months or years) in which a single request may be made by a Beneficiary regarding the accounting of the property in the trust.

Step 10 – Article 13 requires the names and addresses of two (2) Successor Trustees.

Step 11 – Article 13, Section H, Part I asks that you indicate whether or not compensation shall be given to the Trustee.

Step 12 – For Article 15, specify the amount of time (in days) that an individual must wait before benefiting from the trust.

Step 13 – Proceed to Article 17 and choose one of the options to specify the marital status of the Grantor. If the Grantor is married, enter his/her spouse’s name.

Next, select the appropriate checkbox to indicate whether the Grantor’s estate or that of the Grantor’s Spouse will benefit from the other in the event that neither can be determined to have died first.

Step 14 – For Article 18, enter the names of the Grantor’s children.

Step 15 – Article 21 asks for the names of any individual or organization that is prohibited from benefiting from the living trust.

Step 16 – On Page 17, Article 22, have the Grantor provide his/her signature, printed name, and the date that the document is being signed. Repeat this process with the Trustee and Successor Trustee.

Step 17 – In “Self-Proving Affidavit” on Page 18, ensure that the following information is provided:

  • State
  • County
  • Grantor’s signature plus the date
  • Trustee’s signature plus the date
  • Successor Trustee’s signature plus the date
  • 2nd Successor Trustee’s signature plus the date
  • Witness signature plus the date
  • 2nd Witness signature plus the date

Step 18 – Also on Page 18, in “Notary Acknowledgement”, if a Notary Public is present, he/she should supply the following information:

  • Date of witness
  • Name of Grantor
  • Commission expiry date
  • Notary’s signature
  • Notary’s printed name

Step 19 – On the final page of the trust form, mention all assets which are to be placed in the trust.