Estate Planning for Roosevelt County, New Mexico Property Owners

For most Roosevelt 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.

Record a TOD deedWhere to recordLocal attorneys

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

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

Create a New Mexico TOD deed →Roosevelt County signing requirements →

Where to Record Property Documents

Deeds and other real property documents for Roosevelt County are recorded with the County Clerk at 109 West First Street, Lobby Box 4, Portales, NM 88130. Phone: 1-575-356-8562. Hours: Monday-Friday 8:00 AM-4:00 PM.

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

Roosevelt County accepts electronic recording through Simplifile.

Recording Office Record

County Clerk

Roosevelt County

Hours

Monday-Friday 8:00 AM-4:00 PM

Office

109 West First Street, Lobby Box 4, Portales, NM 88130

E-recording

available via Simplifile

Open in Google Maps

Fax

1-575-356-3560

Verified October 16, 2026 · Source

Estate Planning Attorneys Serving Roosevelt County

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

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

FirmHobbs, NM

Crenshaw, Dupree & Milam, LLP

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 PlanningProbateBusiness PlanningReal Estate

Office
726 East Michigan, Suite 330Hobbs, NM 88240

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 Roosevelt 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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Legal Sources

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

Forms for Planning Your Estate in New Mexico

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.

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Last Will and Testament

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.

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Codicil to a Will

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.

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Healthcare Power of Attorney

New Mexico requires neither witnesses nor a notaryNMSA 1978 § 24-7A-4Verified Oct 15, 2026View source for a healthcare power of attorney.

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HIPAA Release

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.

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Financial Power of Attorney

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.

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Transfer on Death Deed

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.

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Living Will

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.

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Pour-Over Will

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.

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Tools for Planning Your Estate in New Mexico

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.

How Do I Sign Estate Documents?

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.

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Will My Estate Documents Transfer?

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.

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Trust or Will: Which Costs Less?

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.

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How Much Does a Revocable Living Trust Cost?

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.

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How Much Does a Will Cost?

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.

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How Does SimplyTrust Compare to LegalZoom, Trust & Will, and Other Services?

Compare what it costs to make a trust official across SimplyTrust, LegalZoom, Trust & Will, Rocket Lawyer, and Quicken WillMaker.

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How Do I Name a Guardian for My Minor Children?

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.

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Do I Need a Revocable Trust?

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.

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