Free New Mexico Transfer on Death Deed

In New Mexico, a transfer on death deed is signed before a notary, then recorded with the county before the owner's death.

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Your Information

Enter your information as the property owner (transferor). If the property is jointly owned, you’ll add the second owner below.

How is the property owned?*

Choose “Jointly owned” if two people are on the title (e.g. spouses as joint tenants or tenants by the entirety). Both owners must sign.

I am the sole ownerJointly owned with one other person

First Name*

Middle Name

Last Name*

Street Address*

City*

State*

ZIP Code*

State Where Property Is Located*

County Where Property Is Located*

Email Address*

Phone Number*

Marital Status*

New Mexico is a community property state. Marital status determines whether spouse consent may be required.

SingleMarriedDivorcedWidowed

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New Mexico provides a statutory form, and a deed in substantially that form is accepted. The deed must state that the transfer to the designated beneficiary is to occur at the transferor's death (NMSA 45-6-409(B)); the optional statutory form expresses this as "At my death, I transfer my interest in the described property to the beneficiaries as designated above" (NMSA 45-6-416).

A New Mexico transfer on death deed is recorded with the County Clerk for the county where the property sits and must be on record before the owner's death to take effect. The deed 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.

Co-owners may sign one deed together. New Mexico offers a spouse's joinder signature because the effect of one spouse signing alone is unsettled; the document carries the signature line and a notice of the point.

New Mexico lapses the share of a beneficiary who dies before the owner. The deed can name a successor beneficiary to take in that case. If a beneficiary does not survive the transferor, that beneficiary's interest lapses (NMSA 45-6-413(A)(2)).

The beneficiary takes the property subject to the mortgages, liens and other encumbrances on it at death. New Mexico Medicaid estate recovery (members 55 or older who received long-term care services) applies to the probate estate: real and personal property subject to probate or estate administration under New Mexico law (NMSA 27-2A-1 to 27-2A-9; NM Health Care Authority Estate Recovery Program). The deed moves this parcel alone; a revocable living trust set up with SimplyTrust carries the rest of the estate.

New Mexico Transfer on Death Deed

New Mexico allows transfer on death deeds, which transfer real property directly to a named beneficiary at death without probate. The deed is revocable during the owner's lifetime and does not affect the ability to sell, mortgage, or otherwise use the property.

Probate in New Mexico takes at least 4 months for simple estates. A TOD deed eliminates probate for the property it covers, regardless of value. For estates under $50,000, simplified procedures exist, but they still involve court paperwork. Compare the costs with the New Mexico probate calculator.

A TOD deed covers only real property and requires a separate deed for each parcel. A revocable trust covers all asset types in a single document and avoids probate for everything it holds. For families with multiple assets beyond real estate, the trust vs. will comparison shows the trade-offs.

SimplyTrust Editorial·Updated October 17, 2026

Legal Sources

Data sourced from New Mexico statutes and official state code. How we research.

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Free New Mexico Transfer on Death Deed

In New Mexico, a transfer on death deed is signed before a notary, then recorded with the county before the owner's death.

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New Mexico Transfer on Death Deed

Free New Mexico Transfer on Death Deed

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Free New Mexico Transfer on Death Deed

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