Estate Planning for Lincoln County, New Mexico Property Owners

For most Lincoln 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 Lincoln County property owner, the biggest probate risk is the home itself. Real estate is what forces most families into the Lincoln County Probate Court. The two tools that keep a Lincoln 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.

Skipping this planning step means the Lincoln County Probate Court decides who receives the property: a simple New Mexico probate takes 4+ months and opens with $30 in court filing fees.

Record a Transfer-on-Death Deed in Lincoln County

A transfer on death deed names a beneficiary who receives Lincoln 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.

Where to Record Property Documents

Deeds and other real property documents for Lincoln County are recorded with the County Clerk, led by County Clerk Shannan Hemphill, at 310 11th Street, Carrizozo, NM 88301. Phone: 575-648-2394. Hours: Monday - Friday, 8:00 AM - 5:00 PM.

Documents submitted by mail go to PO Box 338, Carrizozo, NM 88301.

The County Clerk charges $25 flat, regardless of page count. A 2-page transfer on death deed costs $25 to record in Lincoln County. A transfer on death deed is exempt from transfer tax.

Lincoln County accepts electronic recording through Simplifile.

Recording Office Record

County Clerk

Lincoln County · County Clerk · Shannan Hemphill

Address

310 11th StreetCarrizozo, NM 88301Mailing: PO Box 338, Carrizozo, NM 88301

Fax

575-648-2576

Hours

Monday - Friday, 8:00 AM - 5:00 PM

E-recording

Available via Simplifile
Visit recorder website →

Recording fees

Flat fee (any length)$25
Transfer tax on a TOD deedExempt

NMSA 14-8-15

Verified September 8, 2026 · Source

Estate Planning Attorneys Serving Lincoln County

Solo PracticeRuidoso, NM

Alan P. Morel, P.A.

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

Office
700 Mechem Drive, Suite 12Ruidoso, NM 88345

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

Office
726 East Michigan, Suite 330Hobbs, NM 88240

Solo PracticePortales, NM

Eric D. Dixon, Attorney and Counselor at Law, P.A.

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

Office
301 S Avenue APortales, NM 88130

FirmRuidoso, NM

Freda Howard McSwane, P.C.

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

Office
1096 Mechem Drive, Suite 230Ruidoso, NM 88345

Solo PracticeRoswell, NM

Grandjean Law Firm, LLC

Since 2011

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

Office
400 N Pennsylvania Ave, Suite 1010Roswell, NM 88201

Solo PracticeRuidoso, NM

H. John Underwood, Ltd.

Serves Lincoln County and south-central New Mexico from Ruidoso. Handles estate planning, wills and probate alongside real estate and business matters, in a general practice that also covers appeals and trial work. H. John Underwood has been admitted in New Mexico since 1973.

PracticesEstate PlanningProbateBusiness PlanningReal EstateWills

Office
1221 Mechem Drive, Suite 4Ruidoso, NM 88345
See all 19 firms serving Lincoln County→

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.

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