Estate Planning for Union County, New Mexico Property Owners

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

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

Create a New MexicoTOD deed →Union Countysigning requirements →

Where to Record Property Documents

Deeds and other real property documents for Union County are recorded with the County Clerk, led by County Clerk Devian Fields, at 100 Court Street, Suite 2, Clayton, NM 88415. Phone: 575-374-9491. Hours: Monday - Thursday, 7:00 AM - 5:30 PM (closed Fridays).

Documents submitted by mail go to PO Box 430, Clayton, NM 88415.

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

Union County accepts electronic recording through Simplifile.

Recording Office Record

County Clerk

Union County · County Clerk · Devian Fields

Address

100 Court Street, Suite 2Clayton, NM 88415Mailing: PO Box 430, Clayton, NM 88415

Hours

Monday - Thursday, 7:00 AM - 5:30 PM (closed Fridays)

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

Open in Google Maps

Verified September 8, 2026 · Source

Estate Planning Attorneys Serving Union County

Solo PracticeRaton, NM

McConnell Law Office, LLC

Serves 5 counties

Serves Colfax, Union, Harding, Mora and Quay counties from Raton, filing in the Eighth Judicial District Court and the Colfax County Probate Court. Handles wills, trusts, probate and estate administration alongside real property matters. Steven L. McConnell has practiced in northeast New Mexico since 1993 and is also licensed in Colorado, which covers estates straddling the Raton Pass.

PracticesEstate PlanningProbateBusiness PlanningReal Estateand 2 more

Office
300 Cook AvenueRaton, NM 87740

FirmAlbuquerque, NM

The Law Office of Cristy J. Carbon-Gaul

Serves the whole state

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

Office
10143 4th St NWAlbuquerque, NM 87114

FirmSanta Fe, NM

Cuddy & McCarthy, LLP

Since 1917 · Serves the whole state

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

Office
1701 Old Pecos TrailSanta Fe, NM 87505

FirmAlbuquerque, NM

Modrall Sperling

Serves the whole state

Serves Albuquerque, Santa Fe, and clients statewide from offices in both cities. Handles the full arc of an estate — will and trust drafting, probate and estate administration, state and federal estate tax returns, and multistate proceedings where the decedent owned property outside New Mexico. Two shareholders are Fellows of the American College of Trust and Estate Counsel.

PracticesEstate PlanningTrust AdministrationProbateTax Planningand 2 more

Office
500 Fourth Street NW, Suite 1000Albuquerque, NM 87102

FirmAlbuquerque, NM

New Mexico Legal Group

Serves the whole state

New Mexico Legal Group has served New Mexico families with estate planning and probate administration for over 23 years. The firm maintains offices in both Albuquerque and Las Cruces, serving clients statewide.

PracticesEstate PlanningTrust AdministrationProbateTrustsWills

Office
2701 Arizona Street NEAlbuquerque, NM 87110
Free consultation

FirmAlbuquerque, NM

Pregenzer, Baysinger, Wideman & Sale, PC

Since 2008 · Serves the whole state

Serves Albuquerque and Santa Fe from offices in both cities, reaching clients statewide. Handles wills and trusts, probate and trust administration, guardianships and conservatorships, and fiduciary litigation. A women-owned, women-led firm.

PracticesEstate PlanningTrust AdministrationProbateProbate Litigationand 4 more

Office
2424 Louisiana Blvd NE, Suite 200Albuquerque, NM 87110
See all 7 firms serving Union 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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