For most San Juan 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 San Juan County property owner, the biggest probate risk is the home itself. Real estate is what forces most families into the San Juan County Probate Court. The two tools that keep a San Juan 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, San Juan County property passes through the San Juan 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 San Juan 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 San Juan County are recorded with the County Clerk, led by County Clerk Alyssa Kuhn, at 100 S. Oliver Drive, Suite 200, Aztec, NM 87410. Phone: 505-334-9471. Hours: Monday - Thursday, 7:00 AM - 5:00 PM.
Documents submitted by mail go to PO Box 550, Aztec, NM 87410.
The County Clerk charges $25 flat, regardless of page count. Recording a 2-page transfer on death deed in San Juan County comes to $25. A transfer on death deed is exempt from transfer tax.
San Juan County accepts electronic recording through Simplifile / Corporation Service Company (CSC) / ePN / Indecomm.
Recording Office Record
San Juan County · County Clerk · Alyssa Kuhn
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
FirmGallup, NM
Mason & Isaacson has served clients throughout the Four Corners region for more than 35 years. The firm has a general civil practice with expertise in estate planning, wills, trusts, and probate, along with government entity defense and tribal court litigation for the Navajo Nation.
PracticesEstate PlanningProbateBusiness PlanningTrustsWills
Solo PracticeFarmington, NM
Patricia Simpson has been in practice for over three decades and actively involved in the Farmington community since 1998. The firm handles estate planning, probate proceedings, guardianship/conservatorship proceedings, and elder law planning.
PracticesEstate PlanningProbateElder LawConservatorshipand 4 more
Solo PracticeFarmington, NM
A Farmington solo practice led by J. Nicci Unsicker, focused on transparent flat-fee estate planning for Northwest New Mexico, Colorado, and tribal-nation clients. The firm handles wills and trusts that involve tribal and allotment assets for Navajo Nation and Jicarilla Apache members alongside standard New Mexico estates.
PracticesEstate PlanningProbateElder LawGuardianshipand 4 more
FirmLas Vegas, NM
Serves San Miguel County and northeastern New Mexico from Las Vegas, with offices in Albuquerque and Farmington. Handles estate planning, wills and trusts, powers of attorney, special needs trusts, and probate. The estate practice came from a 2020s combination with Leach Estate & Probate, and Danelle J. Smith — who practised in Las Vegas on her own for decades — is now one of its attorneys.
PracticesEstate PlanningProbatePowers Of AttorneySpecial Needs Trustsand 2 more
FirmAlbuquerque, NM
Cristy J. Carbon-Gaul leads a firm focused exclusively on estate planning and related matters with over 20 years of experience. The firm serves clients throughout New Mexico, from Albuquerque to Las Cruces.
PracticesEstate PlanningProbateConservatorshipGuardianshipand 2 more
FirmSanta Fe, NM
Serves Santa Fe and Albuquerque from offices in both cities, with statewide reach. Handles estate planning, probate, trust administration, and fiduciary matters. Founded in Santa Fe in 1917.
PracticesEstate PlanningTrust AdministrationProbateFiduciary Mattersand 2 more
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 San Juan 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.
