UNIFORM REAL PROPERTY TRANSFER ON DEATH

NMSA 1978 ch. 45, art. 6, pt. 4

in effect

NMSA 1978, § 45-6-401 Short title

45-6-401. Short title Sections 45-6-401 through 45-6-417 NMSA 1978 may be cited as the "Uniform Real Property Transfer on Death Act". Laws 2001, ch. 236, § 1; repealed and reenacted by Laws 2013, ch. 38, § 1.

NMSA 1978, § 45-6-402 Definitions

45-6-402. Definitions As used in the Uniform Real Property Transfer on Death Act: A. "beneficiary" means a person that receives property under a transfer on death deed; B. "designated beneficiary" means a person designated to receive property in a transfer on death deed; C. "essential elements" means the names of the grantor and the grantee, a clause transferring title, a description of the property transferred, the grantor's signature and acknowledgment by the grantor in the presence of a notary public or in the presence of another individual authorized by law to take acknowledgments; D. "joint owner" means an individual who owns property concurrently with one or more other individuals with a right of survivorship. "Joint owner" includes a joint tenant but does not include a tenant in common; E. "person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency or instrumentality, or any other legal or commercial entity; F. "property" means an interest in real property located in New Mexico that is transferable on the death of the owner; G. "transfer on death deed" means a deed authorized under the Uniform Real Property Transfer on Death Act; and H. "transferor" means an individual who makes a transfer on death deed. 1978 Comp., § 45-6-402, enacted by Laws 2013, ch. 38, § 2.

NMSA 1978, § 45-6-403 Applicability

45-6-403. Applicability The Uniform Real Property Transfer on Death Act applies to a transfer on death deed made before, on or after January 1, 2014 by a transferor dying on or after January 1, 2014. 1978 Comp., § 45-6-403, enacted by Laws 2013, ch. 38, § 3.

NMSA 1978, § 45-6-404 Nonexclusivity

45-6-404. Nonexclusivity The Uniform Real Property Transfer on Death Act does not affect any method of transferring property otherwise permitted under the laws of New Mexico. 1978 Comp., § 45-6-404, enacted by Laws 2013, ch. 38, § 4.

NMSA 1978, § 45-6-405 Transfer on death deed authorized

45-6-405. Transfer on death deed authorized An individual may transfer property to one or more beneficiaries effective at the transferor's death by a transfer on death deed. 1978 Comp., § 45-6-405, enacted by Laws 2013, ch. 38, § 5.

NMSA 1978, § 45-6-406 Transfer on death deed revocable

45-6-406. Transfer on death deed revocable A transfer on death deed is revocable even if the deed or another instrument contains a contrary provision. 1978 Comp., § 45-6-406, enacted by Laws 2013, ch. 38, § 6.

NMSA 1978, § 45-6-407 Transfer on death deed nontestamentary

45-6-407. Transfer on death deed nontestamentary A transfer on death deed is nontestamentary. 1978 Comp., § 45-6-407, enacted by Laws 2013, ch. 38, § 7.

NMSA 1978, § 45-6-408 Capacity of transferor

45-6-408. Capacity of transferor The capacity required to make or revoke a transfer on death deed is the same as the capacity required to make a will. 1978 Comp., § 45-6-408, enacted by Laws 2013, ch. 38, § 8.

NMSA 1978, § 45-6-409 Requirements

45-6-409. Requirements A transfer on death deed shall: A. contain the essential elements and formalities of a properly recordable inter vivos deed; B. state that the transfer to the designated beneficiary is to occur at the transferor's death; and C. be recorded before the transferor's death in the public records in the office of the county clerk for the county where the property is located. 1978 Comp., § 45-6-409, enacted by Laws 2013, ch. 38, § 9.

NMSA 1978, § 45-6-410 Notice, delivery, acceptance or consideration not required

45-6-410. Notice, delivery, acceptance or consideration not required A transfer on death deed does not require: A. notice or delivery to or acceptance by the designated beneficiary during the transferor's life; or B. consideration. 1978 Comp., § 45-6-410, enacted by Laws 2013, ch. 38, § 10.

NMSA 1978, § 45-6-411 Revocation by instrument authorized; revocation by act not permitted

45-6-411. Revocation by instrument authorized; revocation by act not permitted A. Subject to Subsection B of this section, an instrument is effective to revoke a recorded transfer on death deed, or any part of it, only if the instrument: (1) is acknowledged by the transferor after the acknowledgment of the deed being revoked; (2) is recorded before the transferor's death in the public records in the office of the county clerk for the county in which the deed is recorded; and (3) is: (a) a transfer on death deed that revokes the deed or part of the deed expressly or by inconsistency; (b) an instrument of revocation that expressly revokes the deed or part of the deed; or (c) an inter vivos deed that expressly revokes the transfer on death deed or part of the deed. B. If a transfer on death deed is made by more than one transferor: (1) revocation by a transferor does not affect the deed as to the interest of another transferor; and (2) a deed of joint owners is revoked only if it is revoked by all of the living joint owners. C. After a transfer on death deed is recorded, it may not be revoked by a revocatory act on the deed. D. This section does not limit the effect of an inter vivos transfer of the property. 1978 Comp., § 45-6-411, enacted by Laws 2013, ch. 38, § 11.

NMSA 1978, § 45-6-412 Effect of transfer on death deed during transferor's life

45-6-412. Effect of transfer on death deed during transferor's life During a transferor's life, a transfer on death deed does not: A. affect an interest or right of the transferor or any other owner, including the right to transfer or encumber the property; B. affect an interest or right of a transferee, even if the transferee has actual or constructive notice of the deed; C. affect an interest or right of a secured or unsecured creditor or future creditor of the transferor, even if the creditor has actual or constructive notice of the deed; D. affect the transferor's or designated beneficiary's eligibility for any form of public assistance; E. create a legal or equitable interest in favor of the designated beneficiary; or F. subject the property to claims or process of a creditor of the designated beneficiary. 1978 Comp., § 45-6-412, enacted by Laws 2013, ch. 38, § 12.

NMSA 1978, § 45-6-413 Effect of transfer on death deed at transferor's death

45-6-413. Effect of transfer on death deed at transferor's death A. Except as otherwise provided in the transfer on death deed or in Subsection B, C or D of this section or in Section 45-2-603, 45-2-702, 45-2-706, 45-2-707, 45-2-802, 45-2-803 or 45-2-804 NMSA 1978, on the death of the transferor, the following rules apply to property that is the subject of a transfer on death deed and owned by the transferor at death: (1) provided that the designated beneficiary survives the transferor, the interest in the property is transferred to the designated beneficiary in accordance with the deed; (2) the interest of a designated beneficiary that fails to survive the transferor lapses; (3) subject to Paragraph (4) of this subsection, concurrent interests are transferred to the beneficiaries in equal and undivided shares with no right of survivorship; and (4) if the transferor has identified two or more designated beneficiaries to receive concurrent interests in the property, the share of one that lapses or fails for any reason is transferred to the other, or to the others in proportion to the interest of each in the remaining part of the property held concurrently. B. Subject to Chapter 14, Article 9 NMSA 1978, a beneficiary takes the property subject to all recorded conveyances, encumbrances, assignments, contracts, mortgages, liens and other recorded interests to which the property is subject at the transferor's death. For purposes of this subsection and Chapter 14, Article 9 NMSA 1978, the recording of the transfer on death deed is deemed to have occurred at the transferor's death. C. If a transferor is a joint owner and is: (1) survived by one or more other joint owners, the property that is the subject of a transfer on death deed belongs to the surviving joint owner or owners with right of survivorship; or (2) the last surviving joint owner, the transfer on death deed is effective. D. A transfer on death deed transfers property without covenant or warranty of title even if the deed contains a contrary provision. 1978 Comp., § 45-6-413, enacted by Laws 2013, ch. 38, § 13.

NMSA 1978, § 45-6-414 Disclaimer

45-6-414. Disclaimer A beneficiary may disclaim all or part of the beneficiary's interest as provided by the Uniform Disclaimer of Property Interests Act [Chapter 45, Article 2, Part 11 NMSA 1978]. 1978 Comp., § 45-6-414, enacted by Laws 2013, ch. 38, § 14.

NMSA 1978, § 45-6-415 Liability for creditor claims and statutory allowances

45-6-415. Liability for creditor claims and statutory allowances A beneficiary of a transfer on death deed is liable for an allowed claim against the transferor's probate estate and statutory allowances to a surviving spouse and children to the extent provided in Section 45-6-102 NMSA 1978. 1978 Comp., § 45-6-415, enacted by Laws 2013, ch. 38, § 15.

NMSA 1978, § 45-6-416 Optional form of transfer on death deed

45-6-416. Optional form of transfer on death deed The following form may be used to create a transfer on death deed. The provisions of the Uniform Real Property Transfer on Death Act govern the effect of this or any other instrument used to create a transfer on death deed: (front of form) "REVOCABLE TRANSFER ON DEATH DEED NOTICE TO OWNER You should carefully read all information on the other side of 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 Owner or Owners Making This Deed: ____________________________ _____________________________ Printed name Mailing address ____________________________ _____________________________ Printed name Mailing address Legal description of the property: _______________________________________________________________________ _______________________________________________________________________ PRIMARY BENEFICIARY I designate the following beneficiary if the beneficiary survives me. ____________________________ _____________________________ Printed name Mailing address, if available ALTERNATE BENEFICIARY - Optional If my primary beneficiary does not survive me, I designate the following alternate beneficiary if that beneficiary survives me. ____________________________ _____________________________ Printed name Mailing address, if available 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 OR OWNERS MAKING THIS DEED ____________________________ _____________________________ Signature Date ____________________________ _____________________________ Signature Date ACKNOWLEDGMENT (insert acknowledgment for deed here)" IDENTIFYING INFORMATION Owner or Owners Making This Deed: ____________________________ _____________________________ Printed name Mailing address ____________________________ _____________________________ Printed name Mailing address Legal description of the property: _______________________________________________________________________ _______________________________________________________________________ PRIMARY BENEFICIARY I designate the following beneficiary if the beneficiary survives me. ____________________________ _____________________________ Printed name Mailing address, if available ALTERNATE BENEFICIARY - Optional If my primary beneficiary does not survive me, I designate the following alternate beneficiary if that beneficiary survives me. ____________________________ _____________________________ Printed name Mailing address, if available 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 OR OWNERS MAKING THIS DEED ____________________________ _____________________________ Signature Date ____________________________ _____________________________ Signature Date ACKNOWLEDGMENT (insert acknowledgment for deed here)" (back of form) "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." 1978 Comp., § 45-6-416, enacted by Laws 2013, ch. 38, § 16.

NMSA 1978, § 45-6-417 Optional form of revocation

45-6-417. Optional form of revocation The following form may be used to create an instrument of revocation under the Uniform Real Property Transfer on Death Act. The provisions of the Uniform Real Property Transfer on Death Act govern the effect of this or any other instrument used to revoke a transfer on death deed. (front of form) "REVOCATION OF TRANSFER ON DEATH DEED NOTICE TO OWNER This revocation must be recorded before you die or it will not be effective. This revocation is effective only as to the interests in the property of owners who sign this revocation. IDENTIFYING INFORMATION Owner or Owners of Property Making This Revocation: ____________________________ _____________________________ Printed name Mailing address ____________________________ _____________________________ Printed name Mailing address Legal description of the property: _______________________________________________________________________ REVOCATION I revoke all my previous transfers of this property by transfer on death deed. SIGNATURE OF OWNER OR OWNERS MAKING THIS REVOCATION ____________________________ _____________________________ Signature Date ____________________________ _____________________________ Signature Date ACKNOWLEDGMENT (insert acknowledgment here)" IDENTIFYING INFORMATION Owner or Owners of Property Making This Revocation: ____________________________ _____________________________ Printed name Mailing address ____________________________ _____________________________ Printed name Mailing address Legal description of the property: _______________________________________________________________________ REVOCATION I revoke all my previous transfers of this property by transfer on death deed. SIGNATURE OF OWNER OR OWNERS MAKING THIS REVOCATION ____________________________ _____________________________ Signature Date ____________________________ _____________________________ Signature Date ACKNOWLEDGMENT (insert acknowledgment here)" (back of form) "COMMON QUESTIONS ABOUT THE USE OF THIS FORM How do I use this form to revoke a Transfer on Death (TOD) deed? Complete this form. Have it acknowledged before a notary public or other individual authorized to take acknowledgments. Record the form in the public records in the office of the county clerk of each county where the property is located. The form must be acknowledged and recorded before your death or it has no effect. How do I find the "legal description" of the property? This information may be on the TOD deed. It 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. How do I "record" the form? 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 located in more than one county, you should record the form in each of those counties. 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. 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, consult a lawyer." 1978 Comp., § 45-6-417, enacted by Laws 2013, ch. 38, § 17.

Source: New Mexico Compilation Commission (nmonesource.com)URL: https://nmonesource.com/nmos/nmsa-unanno/en/item/18546/index.doFetched: 10/20/2026