A New Mexico transfer on death deed is used to convey real property to one (1) or more beneficiaries upon the death of the owner (the grantor). The grantor in this deed retains ownership of their property until their passing and may revoke the form whenever necessary. Unlike a last will and testament, a transfer on death deed is not subject to probate administration (the legal process of settling a deceased person’s estate). As such, the property will transfer to the designated beneficiaries automatically following the grantor’s death and without further expense.
A transfer on death deed must be signed by the grantor, acknowledged before a notary public, and recorded before the grantor dies in the clerk’s office where the property is located.
- Statutes: Ch. 47, Art. 1 (Conveyance and General Provisions) & Ch. 45, Art. 6, Part 4 (Real Property)
- Formatting: § 45-6-409
- Signing Requirements (§ 14-8-4): Notary Public
- Where to Record (§ 14-9-1): County Clerk’s Office
- Recording Fees (§ 14-8-15): $25
Related Forms (1)
Revocation of Transfer on Death Deed – Used to revoke the grantor’s previously recorded transfer on death deed.
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