Mathis Law Office LLC
Eugenio S. Mathis has served San Miguel County and northeastern New Mexico since 1979 with estate planning as a core service area. Over 46 years of legal experience serving the Las Vegas, NM community.
Estate Planning for San Miguel County, New Mexico Property Owners
For most San Miguel 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 Miguel County property owner, the biggest probate risk is the home itself. Real estate is what forces most families into the San Miguel County Probate Court. The two tools that keep a San Miguel 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 San Miguel 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 San Miguel County
A transfer on death deed names a beneficiary who receives San Miguel 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.
Where to Record Property Documents
Deeds and other real property documents for San Miguel County are recorded with the County Clerk at 500 West National Avenue, Suite 113, Las Vegas, NM 87701. Phone: 1-505-425-9331. Hours: Monday-Friday 8:00 AM-5:00 PM.
The County Clerk charges $25 flat, regardless of page count. A 2-page transfer on death deed costs $25 to record in San Miguel County. A transfer on death deed is exempt from transfer tax.
San Miguel County accepts electronic recording through Simplifile.
Recording Office Record
County Clerk
San Miguel County
Phone
Hours
Monday-Friday 8:00 AM-5:00 PM
Office
500 West National Avenue, Suite 113, Las Vegas, NM 87701
Website
E-recording
available via Simplifile
Fax
1-505-454-1799
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
Estate Planning Attorneys Serving San Miguel County
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.
Serves Santa Fe County and northern New Mexico from Santa Fe. Handles estate planning, wills, trusts, and probate. Founded in 1866, it is the oldest law firm in New Mexico, and Fletcher R. Catron is a Fellow of the American College of Trust and Estate Counsel.
Richard De Stefano has been practicing law for over 40 years, the first half in Beverly Hills, California, and since 1995 in Taos, New Mexico. The firm handles wills, living trusts, insurance trusts, charitable trusts, asset protection, probate and non-probate administration.
Founded by Kelan Emery in 1987, the firm serves clients in northern New Mexico in wills, trusts, estate planning, probate, estate administration, and business entity formation. One of the longest-established estate planning practices in Taos County.
Serves Santa Fe County families from a Santa Fe office. Handles wills, trusts, probate, and estate administration, including planning for minor children and beneficiaries with special needs, alongside a separate art and cultural-heritage law practice.
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.
Legal Sources
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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.
Free
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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Free
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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Free
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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Free
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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Free
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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Free
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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Free
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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New Mexico Estate Planning Articles
Estate planning articles for New Mexico.
