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). 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. The grantor has full authority over their property until their passing may revoke the deed whenever necessary.
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 lies.
- Statutes: Ch. 47, Art. 1 (Conveyance and General Provisions) & Ch. 45, Art. 6, Part 4 (Real Property)
- Formatting: There aren’t any state-wide formatting requirements, although local standards may be imposed in some counties.
- 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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