For most De Baca 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 De Baca County property owner, the biggest probate risk is the home itself. Real estate is what forces most families into the De Baca County Probate Court. The two tools that keep a De Baca 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, De Baca County property passes through the De Baca 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 De Baca 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 Oct 19, 2026View source. The deed takes effect only if it is recorded before the owner's deathNMSA 45-6-401 to 45-6-417Verified Oct 19, 2026View source.
Deeds and other real property documents for De Baca County are recorded with the County Clerk at 248 East Avenue C, Fort Sumner, NM 88119. Phone: 1-575-355-2601.
Documents submitted by mail go to P.O. Box 347, Fort Sumner, NM 88119.
The County Clerk charges $25 flat, regardless of page count. Recording a 2-page transfer on death deed in De Baca County comes to $25. A transfer on death deed is exempt from transfer tax.
De Baca County accepts electronic recording through Simplifile and CSC.
Recording Office Record
De Baca County
Phone
Office
E-recording
Fax
Recording fees
| Flat fee (any length) | $25 |
| Transfer tax on a TOD deed | TOD deeds are exempt from transfer tax |
NMSA 14-8-15
Verified October 16, 2026 · Source
FirmAlbuquerque, NM
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Serves Albuquerque, Santa Fe, and clients statewide from offices in both cities. Handles the full arc of an estate — will and trust drafting, probate and estate administration, state and federal estate tax returns, and multistate proceedings where the decedent owned property outside New Mexico. Two shareholders are Fellows of the American College of Trust and Estate Counsel.
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FirmAlbuquerque, NM
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FirmAlbuquerque, NM
Serves Albuquerque and Santa Fe from offices in both cities, reaching clients statewide. Handles wills and trusts, probate and trust administration, guardianships and conservatorships, and fiduciary litigation. A women-owned, women-led firm.
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FirmAlbuquerque, NM
Serves Albuquerque and Santa Fe from offices in both cities, reaching clients statewide. Handles estate planning, probate and trust administration, and contested trust and estate litigation. One of New Mexico's largest and longest-established firms, founded in 1883.
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Data sourced from New Mexico statutes and official state code. How we research.
Free forms for planning your estate in New Mexico: will, living trust, pour-over will, powers of attorney and TOD deed. Prepare each form for New Mexico.
In New Mexico, a will is signed before 2NMSA § 45-2-502Verified Oct 19, 2026View source witnesses, and a self-proving affidavit signed with it lets the court admit it without witness testimonyNMSA § 45-2-502Verified Oct 19, 2026View source.
In New Mexico, a codicil is signed before 2NMSA § 45-2-502Verified Oct 19, 2026View source witnesses, like a will, and the self-proving affidavit signed with it lets the court admit it without witness testimonyNMSA §§ 45-1-201(A)(57), 45-2-504Verified Oct 25, 2026View source.
New Mexico requires neither witnesses nor a notaryNMSA 1978 § 24-7A-4Verified Oct 15, 2026View source for a healthcare power of attorney.
In New Mexico, a HIPAA release names who may receive your records and, as the state requires, names HIV/AIDS-related informationNMSA 1978 §§ 24-2B-6, 24-2B-7 (Human Immunodeficiency Virus Test Act)Verified Jun 19, 2026View source expressly before a provider releases it.
New Mexico treats a power of attorney as durable by defaultNMSA §§ 45-5B-101 through 45-5B-403 (HB0231, Laws 2007, ch. 135; recompiled by Laws 2011, ch. 124)Verified Sep 18, 2026View source, and it is signed with no witness or notary requirementNMSA §§ 45-5B-101 through 45-5B-403 (HB0231, Laws 2007, ch. 135; recompiled by Laws 2011, ch. 124)Verified Sep 18, 2026View source.
In New Mexico, a transfer on death deed is signed before a notaryNMSA 45-6-401 to 45-6-417Verified Oct 19, 2026View source, then recorded with the county before the owner's deathNMSA 45-6-401 to 45-6-417Verified Oct 19, 2026View source.
In New Mexico, the living will is the Advance Health-Care DirectiveNMSA 1978 Ch. 24, Art. 7A (Uniform Health-Care Decisions Act), §§ 24-7A-1 to 24-7A-18Verified Sep 27, 2026View source, a written instruction that is valid with no agent named.
In New Mexico, a pour-over will is signed before 2NMSA § 45-2-502Verified Oct 19, 2026View source witnesses and moves anything left outside the trust into it through probate.
Free tools for planning your estate in New Mexico: will and trust costs, trust or TOD deed, and the signing rules. Run each tool for New Mexico.
In New Mexico, a will is signed before 2NMSA § 45-2-502Verified Oct 19, 2026View source witnesses, and notarization is not requiredNMSA § 45-2-502Verified Oct 19, 2026View source.
New Mexico recognizes a will signed under the law of the place where it was signedNMSA § 45-2-506Verified Oct 19, 2026View source; a will signed in New Mexico itself needs 2NMSA § 45-2-502Verified Oct 19, 2026View source witnesses, and notarization is not requiredNMSA § 45-2-502Verified Oct 19, 2026View source.
In New Mexico, a will-based plan pays probate attorney fees of typically 1.8%Modeled estimate under NMSA § 45-3-715(A)(21) (PR may employ attorneys); § 45-3-721 (court review of the compensation); § 45-3-720 (estate litigation expenses, incl. attorneys fees); no statutory percentage: the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source to 2.9%Modeled estimate under NMSA § 45-3-715(A)(21) (PR may employ attorneys); § 45-3-721 (court review of the compensation); § 45-3-720 (estate litigation expenses, incl. attorneys fees); no statutory percentage: the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source of the estate; a funded revocable trust keeps those assets out of probate and off that fee.
An attorney-prepared revocable living trust in New Mexico runs $3,510Estimate: 10 hours at $351, Clio's New Mexico Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $5,265Estimate: 15 hours at $351, Clio's New Mexico Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source for an individual, against $0 to $549 up front plus a subscription with an online service.
An attorney-prepared will in New Mexico runs $963Estimate: 3 hours at $321, Clio's New Mexico Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $1,926Estimate: 6 hours at $321, Clio's New Mexico Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source, against $0 to $299 up front with an online service, and probate on a $500,000 estate adds about $24,985NMSA § 45-3-715(A)(21) (PR may employ attorneys); § 45-3-721 (court review of the compensation); § 45-3-720 (estate litigation expenses, incl. attorneys fees); no statutory percentageVerified Sep 8, 2026View source.
Compare what it costs to make a trust official across SimplyTrust, LegalZoom, Trust & Will, Rocket Lawyer, and Quicken WillMaker.
In New Mexico, a parent names a guardian for a minor child in a will or a separate signed writingNMSA 1978 §§ 45-5-202, 45-5-203, 45-5-204, 45-5-206Verified Sep 16, 2026View source, and the nomination covers the child until the age of majority, 18NMSA 1978 § 28-6-1 (age of majority; eighteen years)Verified Sep 16, 2026View source.
Probate in New Mexico takes 4 months to 6 months for a simple estate and charges attorney fees of typically 1.8%Modeled estimate under NMSA § 45-3-715(A)(21) (PR may employ attorneys); § 45-3-721 (court review of the compensation); § 45-3-720 (estate litigation expenses, incl. attorneys fees); no statutory percentage: the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source to 2.9%Modeled estimate under NMSA § 45-3-715(A)(21) (PR may employ attorneys); § 45-3-721 (court review of the compensation); § 45-3-720 (estate litigation expenses, incl. attorneys fees); no statutory percentage: the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source of the estate; assets held in a revocable trust skip both.
Estate planning articles for New Mexico.
Estate planning articles for New Mexico.
