Do I Need a Vehicle Transfer on Death Designation in New Mexico?
Answer a few questions about how your vehicle is titled to see whether a transfer-on-death designation applies for avoiding probate on a vehicle.
Frequently Asked Questions
No. New Mexico does not offer a vehicle transfer-on-death designation. New Mexico has not enacted a transfer-on-death / beneficiary designation for motor vehicle certificates of title. The NM Motor Vehicle Code (NMSA 1978 Chapter 66, Article 3) governs title issuance and transfer but provides no TOD title; the only death-related provisions are 66-3-105 (transfer by operation of law) and 66-3-122 (registration effective after death of owner), neither of which is an owner-elected beneficiary designation. New Mexico's two transfer-on-death statutes reach other property: the Uniform Real Property Transfer on Death Act (NMSA 1978 45-6-401 to 45-6-417) covers only "an interest in real property located in New Mexico," and the TOD security registration sections (45-6-301 to 45-6-311) cover only securities registered in beneficiary form. On an owner's death the MVD transfers the vehicle through non-TOD paths only: a Certificate of Transfer Without Probate (heir or spouse), an Affidavit of Claiming Successor under the small-estate statute, a surviving joint owner, or a court-appointed personal representative.
Because New Mexico does not offer a vehicle TOD designation, the vehicle transfers through: Certificate of Transfer Without Probate (MVD-10011): an heir or spouse of the decedent may certify the vehicle was not devised by will to anyone else, no personal representative is pending or appointed, and 30 days have elapsed since death, then retitle the vehicle., Affidavit of Claiming Successor (MVD-10013), pursuant to NMSA 1978 Section 45-3-1201: a successor may collect the vehicle by affidavit when the entire estate, less liens and encumbrances, does not exceed $50,000, 30 days have elapsed since death, and no personal representative is pending or appointed., Surviving joint owner: when a vehicle is titled to joint owners, the surviving owner may transfer title without probate., Court-appointed personal representative: when probate is opened, the Order Appointing Personal Representative from a Probate or District Court grants authority to transfer title.. To keep other assets out of probate, SimplyTrust sets up a revocable trust online.
Without a vehicle TOD option, a New Mexico vehicle typically passes through the estate unless it is jointly titled or held in a trust, or qualifies for a small-estate transfer. Compare your options with the trust vs. will comparison.
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