Does New Mexico allow transfer on death deeds?

Yes. New Mexico allows transfer on death deeds under NMSA 45-6-401 to 45-6-417. The deed transfers real property to a named beneficiary at death without probate.

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.

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Select your state to see if a transfer on death deed can keep your property out of probate.

This tool provides general information about transfer on death deeds and is not legal advice. TOD deed availability and requirements vary by state. Consult a licensed attorney for guidance specific to your situation.

Frequently Asked Questions

Yes. New Mexico allows transfer on death deeds. 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.

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.

New Mexico allows transfer on death deeds for all types of real property, including homes, land, condominiums, and commercial properties.

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.

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.

TOD Deeds in New Mexico

New Mexico allows transfer on death deeds (Yes), which transfer real property directly to a named beneficiary at death without probate. The deed is revocable during the owner's lifetime and does not affect the ability to sell, mortgage, or otherwise use the property.

Probate in New Mexico takes at least 4 months for simple estates. A TOD deed eliminates probate for the property it covers, regardless of value. For estates under $50,000, simplified procedures exist, but they still involve court paperwork. Compare the costs with the New Mexico probate calculator.

A TOD deed covers only real property and requires a separate deed for each parcel. A revocable trust covers all asset types in a single document and avoids probate for everything it holds. For families with multiple assets beyond real estate, the trust vs. will comparison shows the trade-offs.

SimplyTrust Editorial·Updated July 15, 2026

Legal Sources

Data sourced from New Mexico statutes and official state code. How we research.

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