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Transfer on death deeds in New Mexico
A transfer on death deed lets a New Mexico homeowner name who gets the property at death, keep full ownership while alive, and spare the family a probate case for the house.
How it works
New Mexico has adopted the Uniform Real Property Transfer on Death Act (NMSA 45-6-401 and following). The owner signs a deed naming one or more beneficiaries. Nothing passes while the owner is alive: the owner can still sell, mortgage or change their mind. At death, the property passes to the beneficiary without probate.
The step people miss: recording
The deed only works if it is recorded with the county clerk before the owner dies. A signed deed found in a drawer afterward does nothing. In Albuquerque that means the Bernalillo County Clerk.
Changing or revoking it
A transfer on death deed is revocable. The owner can revoke it or replace it with a later recorded instrument. A will cannot override it.
When to get help
Have a lawyer review the deed if the property is community property, if a beneficiary is a minor or receives public benefits, or if there is a mortgage or other lien. After a death, the beneficiary may also need help clearing title to sell.
Frequently asked questions
Does a transfer on death deed avoid probate in New Mexico?
Yes, for the property it covers, if it was properly signed and recorded before the owner's death.