For most Eddy 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 Eddy County property owner, the biggest probate risk is the home itself. Real estate is what forces most families into the Eddy County Probate Court. The two tools that keep a Eddy 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, Eddy County property passes through the Eddy 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 Eddy 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 Eddy County are recorded with the County Clerk, led by County Clerk Cara Cooke, at 325 S. Main Street, Carlsbad, NM 88220. Phone: 575-885-3383.
The County Clerk charges $25 flat, regardless of page count. Recording a 2-page transfer on death deed in Eddy County comes to $25. A transfer on death deed is exempt from transfer tax.
Eddy County accepts electronic recording through Simplifile.
Recording Office Record
Eddy County · County Clerk · Cara Cooke
Address
Phone
Fax
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
FirmCarlsbad, NM
Serves Eddy County and southeastern New Mexico from Carlsbad, and clients across the Texas line. Wills, trusts, estates and probate is a named practice area with two attorneys assigned to it, alongside guardianship and conservatorship work. The firm has practiced in Carlsbad for over 50 years.
PracticesEstate PlanningProbateConservatorshipGuardianshipand 2 more
Solo PracticeRuidoso, NM
Alan P. Morel has practiced in Ruidoso since 1989 and serves Lincoln County and surrounding southeast New Mexico communities. He has served as outside counsel for Lincoln County, the Ruidoso Board of Realtors, Cablevision Communications, and Mescalero Apache Telecom alongside his estate planning and probate practice.
PracticesEstate PlanningProbateAdministrative LawBusiness Planningand 2 more
FirmHobbs, NM
Crenshaw, Dupree & Milam is a Texas-based firm that opened a Hobbs, New Mexico office in 2018 to serve Lea County and southeastern New Mexico. Kathleen A. Moran practices in corporate law, business transactions, probate, estate administration, and estate planning.
PracticesEstate PlanningEstate AdministrationProbateBusiness PlanningReal Estate
Solo PracticePortales, NM
Eric D. Dixon has practiced law since approximately 1989 and serves Roosevelt County and eastern New Mexico from Portales. Licensed in New Mexico, Texas, and Colorado, he has taught business law and real estate law at Eastern New Mexico University. Former Roosevelt County Chamber of Commerce President.
PracticesEstate PlanningProbateBusiness PlanningReal Estate
FirmRuidoso, NM
Serves Lincoln County and south-central New Mexico from Ruidoso. Handles wills, probate, and estate administration alongside family law, criminal defense, and personal injury. A two-attorney office, with Pamela Beckman admitted in 1983 and Freda McSwane in 2003.
PracticesEstate PlanningProbateCriminal DefenseFamily Lawand 2 more
Solo PracticeRoswell, NM
Attorney Jeff Grandjean has been practicing in Roswell since 2011, representing clients in Roswell, Carlsbad, Artesia, Hobbs, Alamogordo, and throughout southeastern New Mexico.
PracticesEstate PlanningProbateGuardianship
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 Eddy 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.
