For most Santa Fe 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 Santa Fe County property owner, the biggest probate risk is the home itself. Real estate is what forces most families into the Santa Fe County Probate Court. The two tools that keep a Santa Fe 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, Santa Fe County property passes through the Santa Fe 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 Santa Fe 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 Santa Fe County are recorded with the County Clerk, led by County Clerk Katharine E. Clark, at 240 Grant Avenue, Santa Fe, NM 87501. Phone: 505-986-6280. Hours: Monday - Friday, 8:00 AM - 5:00 PM.
Documents submitted by mail go to PO Box 1985, Santa Fe, NM 87504.
The County Clerk charges $25 flat, regardless of page count. Recording a 2-page transfer on death deed in Santa Fe County comes to $25. A transfer on death deed is exempt from transfer tax.
Santa Fe County accepts electronic recording through Simplifile / CSC.
Recording Office Record
Santa Fe County · County Clerk · Katharine E. Clark
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
FirmSanta Fe, NM
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.
PracticesEstate PlanningProbateTrustsWills
Solo PracticeSanta Fe, NM
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.
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FirmSanta Fe, NM
Serves Santa Fe County and north-central New Mexico from Santa Fe, with a second office in Albuquerque. Handles estate planning, trust administration and probate, plus adult guardianship and conservatorship and special-needs planning for families managing an incapacitated relative.
PracticesEstate PlanningTrust AdministrationProbateElder Lawand 4 more
FirmSanta Fe, NM
Serves Santa Fe County and northern New Mexico from downtown Santa Fe. Handles estate planning from simple wills through layered trusts, plus probate and guardianship administration. Practicing in Santa Fe for over 30 years.
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FirmSanta Fe, NM
Serves Santa Fe County and northern New Mexico from Santa Fe. Handles estate planning, probate, and the tax and business questions that surface when an estate holds a family company or ranch property. Founded in 1953.
PracticesEstate PlanningProbateTax PlanningBusiness Planning
Solo PracticeSanta Fe, NM
Serves Santa Fe County and northern New Mexico from Santa Fe. Handles estate planning, probate and trust administration, and contested probate and trust litigation. Offers free consultations.
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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 Santa Fe 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.
