For most Bernalillo County homeowners, the house is what drags an estate into probate. A transfer-on-death deed or a living trust keeps it out—here is how to set up either one and record it locally.
For a Bernalillo County property owner, the biggest probate risk is the home itself. Real estate is what forces most families into the Bernalillo County Probate Court. The two tools that keep a Bernalillo County home out of probate are a transfer-on-death deed recorded with the County Clerk, and a revocable living trust that holds title to the property.
Without a recorded beneficiary designation or a trust, Bernalillo County property passes through the Bernalillo County Probate Court — even simple New Mexico probates run 4+ months and start with $30 in filing fees.
A transfer on death deed names a beneficiary who receives Bernalillo County property automatically at the owner's death, without probate. It is recorded with the County Clerk during the owner's lifetime and can be revoked at any time.
Before recording, a New Mexico transfer on death deed is signed with notary acknowledgmentNMSA 45-6-401 to 45-6-417Verified Aug 24, 2026View source. The deed takes effect only if it is recorded before the owner's deathNMSA 45-6-401 to 45-6-417Verified Aug 24, 2026View source.
Deeds and other real property documents for Bernalillo County are recorded with the County Clerk, led by County Clerk Michelle S. Kavanaugh, at 415 Silver Ave. SW, 2nd Floor, Albuquerque, NM 87102. Phone: 505-468-1290. Hours: Monday - Friday, 8:00 AM - 5:00 PM (Recording closed 12:00 PM - 1:15 PM).
Documents submitted by mail go to PO Box 542, Albuquerque, NM 87103-0542.
The County Clerk charges $25 flat, regardless of page count. Recording a 2-page transfer on death deed in Bernalillo County comes to $25. A transfer on death deed is exempt from transfer tax.
Bernalillo County accepts electronic recording through Simplifile / CSC.
Recording Office Record
Bernalillo County · County Clerk · Michelle S. Kavanaugh
Address
Phone
Fax
Hours
E-recording
Recording fees
| Flat fee (any length) | $25 |
| Transfer tax on a TOD deed | Exempt |
NMSA 14-8-15
Verified September 7, 2026 · Source
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Bruce J. Puma Jr. established Albuquerque Legal & Fiduciary in 2015. As both an attorney and a CPA, he has an extensive background in accounting and law, providing estate planning and fiduciary services.
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Tom Brown began the practice of law in 1986 and has throughout his 32+ year career focused on legal matters related to trusts and estates, wills, estate planning, probate and trust administration.
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A second-generation Albuquerque firm serving Bernalillo County and the surrounding metro. Handles estate planning, wills and trusts, probate, and the tax questions that come with them, with a practice concentrated in trusts and estates for more than 46 years.
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FirmAlbuquerque, NM
Albuquerque firm serving Bernalillo County and clients across New Mexico since 1959. Its commercial section handles wills, estate planning, and probate, backed by a large civil-litigation bench when an estate turns contested.
PracticesEstate PlanningTrust AdministrationProbateProbate LitigationWills
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Serves Bernalillo County and clients across New Mexico from Albuquerque. Handles estate and trust administration, probate, guardianships and conservatorships, and fiduciary litigation, including tax and estate disputes between beneficiaries and personal representatives.
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Firm listings are for informational purposes only. SimplyTrust does not endorse or recommend any specific firm or attorney. Contact firms directly to verify their current practice areas and availability.
Data sourced from New Mexico statutes and official state code. How we research.
Estate planning articles for New Mexico.
Forms and tools for property owners in Bernalillo County.
Create a revocable living trust to avoid probate, protect privacy, and control asset distribution.
Create a free, state-specific will with witness and notarization requirements included.
Transfer assets to your existing trust. State execution requirements included.
Transfer real property to a beneficiary upon your death without probate.
Designate someone to make medical decisions on your behalf.
Designate someone to manage your financial affairs.
Answer questions about your estate size, real estate ownership, marital status, and family situation to see how a revocable trust compares to a will alone. Includes estimated probate costs for your state.
Answer questions about your property type, ownership structure, and estate plan to see if a TOD deed is the right approach. Includes state-specific availability, signing requirements, and recording fees.
Compare trusts vs wills for your specific situation. See probate costs, trust administration expenses, and whether your estate qualifies for simplified procedures based on your state and estate value.
Find out who inherits your estate and how much they get if you die without a will. Based on your state's intestate succession laws.
Compare the cost of creating a revocable living trust. See how SimplyTrust, Trust & Will, LegalZoom, and attorneys compare over 5 years including life events.
Estate planning articles for New Mexico.
