What Do I Need to Sign My TOD Deed in New Mexico?
In New Mexico, a transfer on death deed is signed before a notaryNMSA 45-6-401 to 45-6-417Verified Oct 19, 2026View source, then recorded with the county before the owner's deathNMSA 45-6-401 to 45-6-417Verified Oct 19, 2026View source.
No. New Mexico does not require witnesses for a TOD deedNMSA 45-6-401 to 45-6-417Verified Oct 19, 2026View source.
Yes. New Mexico requires notarization for a TOD deed to be validNMSA 45-6-401 to 45-6-417Verified Oct 19, 2026View source.
Yes. A TOD deed can be executed entirely remotely in New Mexico: the signing happens in a live video session with an online notary, with no witnesses in the sessionNMSA 1978 § 14-14A-5Verified Sep 9, 2026View source.
To execute a TOD deed in New Mexico: Schedule a notary appointment (in-person or online via RON). Record the deed before death with the County Clerk. Include a legal description of the property. Sign remotely in a live video session with an online notary
No. A TOD deed works by being recorded against a specific parcel, so the deed must be a New Mexico TOD deed recorded in the New Mexico county where the property sits. A TOD deed signed in another state cannot transfer New Mexico real property, however it was executed; real estate in more than one state needs a deed for each parcel. The New Mexico document portability tool carries the recognition rule by document type.
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Free forms for planning your estate in New Mexico: a will, living trust, pour-over will, both powers of attorney, living will, and TOD deed.
Last Will and Testament
In New Mexico, a will is signed before 2NMSA § 45-2-502Verified Oct 19, 2026View source witnesses, and a self-proving affidavit signed with it lets the court admit it without witness testimonyNMSA § 45-2-502Verified Oct 19, 2026View source.
Codicil to a Will
In New Mexico, a codicil is signed before 2NMSA § 45-2-502Verified Oct 19, 2026View source witnesses, like a will, and the self-proving affidavit signed with it lets the court admit it without witness testimonyNMSA §§ 45-1-201(A)(57), 45-2-504Verified Oct 25, 2026View source.
Healthcare Power of Attorney
New Mexico requires neither witnesses nor a notaryNMSA 1978 § 24-7A-4Verified Oct 15, 2026View source for a healthcare power of attorney.
HIPAA Release
In New Mexico, a HIPAA release names who may receive your records and, as the state requires, names HIV/AIDS-related informationNMSA 1978 §§ 24-2B-6, 24-2B-7 (Human Immunodeficiency Virus Test Act)Verified Jun 19, 2026View source expressly before a provider releases it.
Financial Power of Attorney
New Mexico treats a power of attorney as durable by defaultNMSA §§ 45-5B-101 through 45-5B-403 (HB0231, Laws 2007, ch. 135; recompiled by Laws 2011, ch. 124)Verified Sep 18, 2026View source, and it is signed with no witness or notary requirementNMSA §§ 45-5B-101 through 45-5B-403 (HB0231, Laws 2007, ch. 135; recompiled by Laws 2011, ch. 124)Verified Sep 18, 2026View source.
Transfer on Death Deed
In New Mexico, a transfer on death deed is signed before a notaryNMSA 45-6-401 to 45-6-417Verified Oct 19, 2026View source, then recorded with the county before the owner's deathNMSA 45-6-401 to 45-6-417Verified Oct 19, 2026View source.
Living Will
In New Mexico, the living will is the Advance Health-Care DirectiveNMSA 1978 Ch. 24, Art. 7A (Uniform Health-Care Decisions Act), §§ 24-7A-1 to 24-7A-18Verified Sep 27, 2026View source, a written instruction that is valid with no agent named.
Pour-Over Will
In New Mexico, a pour-over will is signed before 2NMSA § 45-2-502Verified Oct 19, 2026View source witnesses and moves anything left outside the trust into it through probate.
Tools for Planning Your Estate in New Mexico
Free tools for planning your estate in New Mexico: what a will or trust costs, whether you need a trust or TOD deed, and how documents are signed.
Will My Estate Documents Transfer?
New Mexico recognizes a will signed under the law of the place where it was signedNMSA § 45-2-506Verified Oct 19, 2026View source; a will signed in New Mexico itself needs 2NMSA § 45-2-502Verified Oct 19, 2026View source witnesses, and notarization is not requiredNMSA § 45-2-502Verified Oct 19, 2026View source.
Trust or Will: Which Costs Less?
In New Mexico, a will-based plan pays probate attorney fees of typically 1.8%Modeled estimate under NMSA § 45-3-715(A)(21) (PR may employ attorneys); § 45-3-721 (court review of the compensation); § 45-3-720 (estate litigation expenses, incl. attorneys fees); no statutory percentage: the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source to 2.9%Modeled estimate under NMSA § 45-3-715(A)(21) (PR may employ attorneys); § 45-3-721 (court review of the compensation); § 45-3-720 (estate litigation expenses, incl. attorneys fees); no statutory percentage: the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source of the estate; a funded revocable trust keeps those assets out of probate and off that fee.
How Much Does a Revocable Living Trust Cost?
An attorney-prepared revocable living trust in New Mexico runs $3,510Estimate: 10 hours at $351, Clio's New Mexico Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $5,265Estimate: 15 hours at $351, Clio's New Mexico Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source for an individual, against $0 to $549 up front plus a subscription with an online service.
How Much Does a Will Cost?
An attorney-prepared will in New Mexico runs $963Estimate: 3 hours at $321, Clio's New Mexico Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $1,926Estimate: 6 hours at $321, Clio's New Mexico Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source, against $0 to $299 up front with an online service, and probate on a $500,000 estate adds about $24,985NMSA § 45-3-715(A)(21) (PR may employ attorneys); § 45-3-721 (court review of the compensation); § 45-3-720 (estate litigation expenses, incl. attorneys fees); no statutory percentageVerified Sep 8, 2026View source.
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How Do I Name a Guardian for My Minor Children?
In New Mexico, a parent names a guardian for a minor child in a will or a separate signed writingNMSA 1978 §§ 45-5-202, 45-5-203, 45-5-204, 45-5-206Verified Sep 16, 2026View source, and the nomination covers the child until the age of majority, 18NMSA 1978 § 28-6-1 (age of majority; eighteen years)Verified Sep 16, 2026View source.
Do I Need a Revocable Trust?
Probate in New Mexico takes 4 months to 6 months for a simple estate and charges attorney fees of typically 1.8%Modeled estimate under NMSA § 45-3-715(A)(21) (PR may employ attorneys); § 45-3-721 (court review of the compensation); § 45-3-720 (estate litigation expenses, incl. attorneys fees); no statutory percentage: the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source to 2.9%Modeled estimate under NMSA § 45-3-715(A)(21) (PR may employ attorneys); § 45-3-721 (court review of the compensation); § 45-3-720 (estate litigation expenses, incl. attorneys fees); no statutory percentage: the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source of the estate; assets held in a revocable trust skip both.
Do I Need a TOD Deed?
New Mexico authorizes transfer on death deedsNMSA 45-6-401 to 45-6-417Verified Oct 17, 2026View source: a recorded, revocable deed that passes real property at death outside probate.
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New Mexico Estate Planning Resources
In-depth guides covering New Mexico probate laws, trust requirements, and estate planning strategies.