How Do I Avoid Probate in New Mexico?

New Mexico's nonprobate-transfer statute names an insurance policyNMSA 1978 § 45-6-101Verified Nov 1, 2026View source: the death benefit is paid to the beneficiary the owner designated, outside probate. A policy with no beneficiary, or one payable to the estate, is part of the probate estate.

An employer plan is governed by federal law: An employer retirement plan pays its death benefit to the beneficiary named in the plan's records, and federal law displaces a state rule that would redirect it. A married participant's spouse is the beneficiary unless the spouse consented in writing to another29 U.S.C. § 1144(a)Verified Nov 1, 2026View source. An IRA is the state's: New Mexico's statute names an individual retirement accountNMSA 1978 § 45-6-101Verified Nov 1, 2026View source, so the balance is paid to the named beneficiary outside probate. A retirement account with no beneficiary named is part of the probate estate.

Survivorship title in New Mexico: New Mexico recognizes a joint tenancy that the deed or will expressly declares, and a conveyance to grantees as joint tenants runs to the survivor of them. Recording a death certificate with the county clerk is a convenience, and no person is required to record one to change title. Some county clerks publish an Affidavit of Fact as to Death, and Lincoln County records it in place of a death certificateNMSA 1978 §§ 14-8-1 to 14-8-17, 14-9-1 to 14-9-9, 47-1-1 to 47-1-57, 40-3-1 to 40-3-17 and 45-3-1205Verified Oct 26, 2026View source. New Mexico recognizes the transfer on death deedNMSA 45-6-401 to 45-6-417Verified Oct 17, 2026View source: the home passes to the named beneficiary at the owner's death without probate. A home in the owner's name alone, with no survivor, deed beneficiary or trust, is part of the probate estate.

In New Mexico, no transfer on death designation is titled on a vehicle. A vehicle in the owner's name alone is part of the probate estate; one titled in a revocable trust passes under the trust's terms.