Do I Need a Transfer on Death Deed in New Mexico?
Answer a few questions about the property to see whether a transfer on death deed applies for avoiding probate on real estate.
Frequently Asked Questions
Yes. New Mexico allows transfer on death deeds.NMSA 45-6-401 to 45-6-417Verified Aug 24, 2026 The deed transfers real property to a named beneficiary at death without probate. See how this compares to a trust with the probate calculator.
A transfer on death deed in New Mexico requires notary acknowledgment. The signed deed must be recorded at the county clerk before death to be effective. Must be recorded before the transferor's death in the public records in the office of the county clerk for the county where the property is located. NMSA 45-6-409(C). If property is in more than one county, record in each county.NMSA 45-6-401 to 45-6-417Verified Aug 24, 2026
Yes. A transfer on death deedis revocable at any time during the owner's lifetime. Revocation methods in New Mexico include: Recording a subsequent TOD deed that revokes the deed expressly or by inconsistency, Recording an instrument of revocation that expressly revokes the deed, Recording an inter vivos deed that expressly revokes the TOD deed.NMSA 45-6-401 to 45-6-417Verified Aug 24, 2026
New Mexico allows transfer on death deeds for all types of real property, including homes, land, condominiums, and commercial properties.NMSA 45-6-401 to 45-6-417Verified Aug 24, 2026
Yes. New Mexico allows multiple beneficiaries on a transfer on death deed. If multiple beneficiaries are named, they take title as tenants in common unless the deed specifies otherwise.NMSA 45-6-401 to 45-6-417Verified Aug 24, 2026
A transfer on death deed transfers the property directly to the beneficiary at death, bypassing probate for that asset. Other assets not covered by a TOD deed, trust, or beneficiary designation still go through probate. Use the New Mexico probate calculator to estimate the cost of probating remaining assets.
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