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New Mexico Estate Planning Resources
In-depth guides covering New Mexico probate laws, trust requirements, and estate planning strategies.
© 2026 SimplyTrust Software Inc.
In-depth guides covering New Mexico probate laws, trust requirements, and estate planning strategies.
Free New Mexico transfer on death deed form. Transfer property at death without probate. notary acknowledgment. Record before death. PDF.
Step 1 of 3
Enter your information as the property owner (transferor). If the property is jointly owned, you’ll add the second owner below.
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A transfer on death deed in New Mexico transfers real property directly to a named beneficiary upon the owner's death, without probate.NMSA 45-6-401 to 45-6-417Verified Jun 11, 2026 The deed is revocable during your lifetime. Use the TOD deed checker to see if this is the right fit.
New Mexico requires the owner's signature and notary acknowledgment.NMSA 45-6-401 to 45-6-417Verified Jun 11, 2026 No witnesses are required. See all New Mexico signing requirements.
Yes. A New Mexico transfer on death deed must be recorded with the County Clerk before death to be effective.NMSA 45-6-401 to 45-6-417Verified Jun 11, 2026 An unrecorded deed has no legal effect. Must be recorded before the transferor's death in the public records in the office of the county clerk for the county where the property is located. NMSA 45-6-409(C). If property is in more than one county, record in each county.
Yes. New Mexico allows multiple beneficiaries on a transfer on death deed. Unless specified otherwise, they take title as tenants in common.
Yes. A transfer on death deed in New Mexico is revocable during the owner's lifetime (NMSA 45-6-411; optional revocation form at 45-6-417). New Mexico recognizes: Recording a subsequent TOD deed that revokes the deed expressly or by inconsistency; Recording an instrument of revocation that expressly revokes the deed; Recording an inter vivos deed that expressly revokes the TOD deed.
No. A transfer on death deed only transfers the specific real property named in it. Bank accounts, investments, and other property pass through whatever else you have in place — a will (probate) or a trust. A revocable living trust covers everything in one document, including the property this deed transfers. Set up a trust if you want a single instrument for the whole estate.
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