New Mexico Revocable Living Trust

Yes. Assets held in a revocable living trust bypass New Mexico probate entirely — no court supervision, no public record, no statutory fees.NMSA 1978 § 46A-1-101 et seq.Verified Jun 11, 2026 Full probate in New Mexico typically takes 6-12 months. Use the New Mexico probate cost calculator to see what probate would cost without a trust.

New Mexico accepts a certificate of trust in lieu of the full trust instrument.NMSA 1978 § 46A-10-1013Verified Jun 11, 2026 The certificate confirms the trust exists, identifies the trustee, and states the trustee's powers — without disclosing beneficiaries or distribution terms. Third parties who rely on the certificate in good faith are protected by statute.NMSA 1978 § 46A-10-1013(F)Verified Jun 11, 2026

Many families with a trust also use a pour-over will — one way to direct assets not transferred into the trust during your lifetime. Pour-over assets go through probate before reaching the trust. Create a New Mexico pour-over will if needed.

The successor trustee takes over and the trust becomes irrevocable. The trustee manages the 4-month creditor claim window and distributes assets according to the trust terms — all without probate court involvement.NMSA 1978 § 46A-1-101 et seq.Verified Jun 11, 2026 New Mexico requires beneficiary notification within 60 days of death. Use the Trust EIN application tool to get the tax ID.

Most assets can be transferred: New Mexico real estate (via a Warranty Deed or Special Warranty Deed), bank accounts, investment accounts, vehicles, and personal property.NMSA 1978 § 46A-1-101 et seq.Verified Jun 11, 2026 Retirement accounts (401k, IRA) use beneficiary designations rather than being retitled. Life insurance policies can name the trust as beneficiary. The key is funding — only assets actually transferred into the trust bypass probate.

It depends on your estate size and goals. New Mexico allows simplified probate for estates under $50,000,NMSA § 45-3-1201 (small estate $50K/30d; reverified 2026-06-11 against 2025 NM Statutes and SSA POMS GN 02315.069 — value of entire estate less liens/encumbrances must not exceed $50,000, 30 days elapsed, no PR appointed, may not perfect title to real estate; $50K threshold set by 2011 amendment eff. 1/1/2012, no later amendment found); NM Supreme Court form 4B-501 / NMSA §§ 45-3-801 to 45-3-803 (claims barred 4 months after first publication or 60 days after mailed written notice, whichever is later); NMSA § 45-3-719 (PR reasonable compensation); NMSA § 45-3-715(A)(21) and § 45-3-720 (attorney employment/compensation and estate-litigation fees); NMSA § 45-3-603/45-3-605 (bond not required in informal probate absent demand); NMSA § 45-3-706 (inventory within 3 months); NMSA § 34-7-14 ($30 probate court docket fee, repealed/reenacted by Laws 2023 ch. 44 § 11 eff. 7/1/2023, fee unchanged); $132 district court probate filing fee (NM judicial district fee schedules, nmcourts.gov, 2026-06-11); NMSA § 45-3-1205 (surviving-spouse homestead transfer affidavit, 6-month wait, $500K assessed-value cap)Verified Jun 11, 2026 so smaller estates may not need a trust for cost savings alone. Use the New Mexico trust vs. will comparison to see which fits your situation.

New Mexico offers transfer-on-death deeds for real estate,NMSA 45-6-401 to 45-6-417Verified Jun 11, 2026 which transfer property at death without probate. A TOD deed is simpler for a single property, but a trust covers all asset types, provides incapacity protection, and keeps distributions private. Check eligibility with the TOD deed checker.

Yes. New Mexico supports remote online notarization (RON) for trust documents.NMSA 1978 § 14-14A-5 You can sign and notarize your trust via video call with an approved RON provider — no in-person notary visit needed.

While you're alive, a revocable trust uses your Social Security number. After the grantor dies, the trust needs its own EIN from the IRS. Use the Trust EIN application to prepare the paperwork.