New Mexico Transfer-on-Death (Beneficiary) Deed

New Mexico Transfer-on-Death (Beneficiary) Deed

Use this form to leave your New Mexico real estate without probate. You retain ownership, responsibility, and control over the property during your life. After your death, ownership transfers to the beneficiary you name. We take you through all the steps, including:

  • naming your beneficiaries
  • writing a description of the property
  • reviewing your completed deed, and
  • signing the deed and having it notarized.

You can save and edit the form before you buy -- just create a Nolo.com account. It's easy, free, and there's no obligation to buy anything. If you purchase the form, you'll be able to print, send, or download it.

See below for a full product description.

Recording requested by:


and when recorded mail
this deed and tax statements to:
 

 

Revocable Transfer on Death Deed

NOTICE TO OWNER

You should carefully read all information on this form. You may want to consult a lawyer before using this form.

This form must be recorded before your death or it will not be effective.

IDENTIFYING INFORMATION

Alternate Selection: [number of owners]
Label Contract Text
one owner

Owner Making This Deed:

Printed name: 

Mailing address: 

two owners

Owners Making This Deed:

Printed name: 

Mailing address: 

Printed name: 

Mailing address: 

Legal description of the property: 

 
Unchangeable Alternate Selection: [owners unchangeable]
Label Contract Text
one owner

PRIMARY BENEFICIARY

I designate the following beneficiary if the beneficiary survives me:

Printed name: 

Mailing address, if available: 

Multiple Selection: [alternate beneficiary one owner]
Label Contract Text
alternate beneficiary


ALTERNATE BENEFICIARY

If my primary beneficiary does not survive me, I designate the following alternate beneficiary if that beneficiary survives me: 

Mailing address, if available: 

two owners

PRIMARY BENEFICIARY

We designate the following beneficiary if the beneficiary survives us:

Printed name: 

Mailing address, if available: 

Multiple Selection: [two owners alternate beneficiary]
Label Contract Text
alternate beneficiary


ALTERNATE BENEFICIARY

If our primary beneficiary does not survive us, we designate the following alternate beneficiary if that beneficiary survives us: 

Mailing address, if available: 

Keep Together
Unchangeable Alternate Selection: [transfer unchangeable]
Label Contract Text
one owner

TRANSFER ON DEATH

At my death, I transfer my interest in the described property to the beneficiaries as designated above.

Before my death, I have the right to revoke this deed.

SIGNATURE OF OWNER MAKING THIS DEED

Signature: ______________________________
Date: __________________________________

two owners

TRANSFER ON DEATH

At my death, I transfer my interest in the described property to the beneficiaries as designated above.

Before my death, I have the right to revoke this deed. I understand that revocation by one owner does not affect the transfer of the other owner's interest in the described property by this transfer on death deed, and that a deed of joint owners is revoked only if it is revoked by all the living joint owners.

SIGNATURE OF OWNERS MAKING THIS DEED

Signature: ______________________________
Date: __________________________________

Signature: ______________________________
Date: __________________________________

 

Page Break

Acknowledgment

State of _________________________                 
                                                                                         
County of _______________________

 

This instrument was acknowledged before me on _________________________ (date) by ____________________________________________________________________________________ (name(s) of owner(s)).

______________________________
(Signature of notarial officer)

 

(Seal, if any)

______________________________
Title (and Rank)

My commission expires: __________

Page Break

Common Questions About the Use of This Form

What does the Transfer on Death (TOD) deed do? When you die, this deed transfers the described property, subject to any liens or mortgages (or other encumbrances) on the property at your death. Probate is not required. The TOD deed has no effect until you die. You can revoke it at any time. You are also free to transfer the property to someone else during your lifetime. If you do not own any interest in the property when you die, this deed will have no effect.

How do I make a TOD deed? Complete this form. Have it acknowledged before a notary public or other individual authorized by law to take acknowledgments. Record the form in each county where any part of the property is located. The form has no effect unless it is acknowledged and recorded before your death.

Is the "legal description" of the property necessary? Yes.

How do I find the "legal description" of the property? This information may be on the deed you received when you became an owner of the property. This information may also be available in the office of the county clerk for the county where the property is located. If you are not absolutely sure, consult a lawyer.

Can I change my mind before I record the TOD deed? Yes. If you have not yet recorded the deed and want to change your mind, simply tear up or otherwise destroy the deed.

How do I "record" the TOD deed? Take the completed and acknowledged form to the office of the county clerk of the county where the property is located. Follow the instructions given by the county clerk to make the form part of the official property records. If the property is in more than one county, you should record the deed in each county.

Can I later revoke the TOD deed if I change my mind? Yes. You can revoke the TOD deed. No one, including the beneficiaries, can prevent you from revoking the deed.

How do I revoke the TOD deed after it is recorded? There are three ways to revoke a recorded TOD deed: (1) Complete and acknowledge a revocation form, and record it in each county where the property is located. (2) Complete and acknowledge a new TOD deed that disposes of the same property, and record it in each county where the property is located. (3) Transfer the property to someone else during your lifetime by a recorded deed that expressly revokes the TOD deed. You may not revoke the TOD deed by will.

I am being pressured to complete this form. What should I do? Do not complete this form under pressure. Seek help from a trusted family member, friend, or lawyer.

Do I need to tell the beneficiaries about the TOD deed? No, but it is recommended. Secrecy can cause later complications and might make it easier for others to commit fraud.

I have other questions about this form. What should I do? This form is designed to fit some but not all situations. If you have other questions, you are encouraged to consult a lawyer.

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Avoid probate and pass on your New Mexico real estate with a simple transfer-on-death deed

If you own real estate in New Mexico and want to make sure it passes to your heirs without the hassle of probate court, you can use a transfer-on-death (TOD) deed. This document transfers ownership of your property just like a regular deed you might use to transfer real estate, but with a crucial difference: It doesn't take effect until after your death.

It's easy to make a TOD deed.  You'll simply complete the following steps:

  • fill in information about you and the TOD beneficiary
  • provide a description of the property
  • check over the completed deed
  • sign the deed in front of a notary public, and
  • record the deed at the recorder's office in the county where the property is located.

Take care of your beneficiaries and help them to avoid probate with this plain-English eForm from Nolo.

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