What Do I Need to Sign My TOD Deed in New Mexico?

Witness, notary, and remote online notarization (RON) requirements for TOD deeds in New Mexico.

Frequently Asked Questions

New Mexico does not require witnesses for a tod deed.NMSA 45-6-401 to 45-6-417Verified Jul 13, 2026

Yes, notarization is required for a tod deed to be valid in New Mexico.NMSA 45-6-401 to 45-6-417Verified Jul 13, 2026

Yes. A TOD deed can be executed entirely remotely in New Mexicothe signing happens in a live video session with an online notary (NMSA 1978 § 45-6-409(A), (C)). No witnesses are needed in the session.NMSA 45-6-401 to 45-6-417Verified Jul 13, 2026

To execute a tod deed in New Mexico: Schedule a notary appointment (in-person or online via RON). Record the deed with the county recorder before death. Include a legal description of the property. Sign remotely in a live video session with an online notary

No. TOD deeds work by being recorded against a specific parcel of real estate, so the deed must be a New Mexico TOD deed recorded with the New Mexico county where the property sits. A TOD deed signed in another state cannot transfer New Mexico real property, regardless of how it was executed. If you own real estate in more than one state, each parcel needs its own state-appropriate TOD deed. See the document portability tool for the full breakdown.

New Mexico Estate Planning Resources

In-depth guides covering New Mexico probate laws, trust requirements, and estate planning strategies.