Can you use a transfer-on-death deed in New Mexico?

Yes. In New Mexico, an owner may pass real estate at death by a transfer on death deed that has the elements and formalities of a recordable deed, states that the transfer happens at the owner’s death, and is recorded with the county clerk before the owner dies; the deed stays revocable. Sections 45-6-401 through 45-6-417 are New Mexico’s Uniform Real Property Transfer on Death Act, reenacted effective January 1, 2014. The deed needs no notice or delivery to, or acceptance by, the beneficiary during the owner’s life, and no consideration. A revocation must be an acknowledged instrument recorded before the owner’s death, and a recorded transfer on death deed cannot be revoked by an act on the deed itself. This is N.M. Stat. §§ 45-6-401, 45-6-405, 45-6-406, 45-6-409, 45-6-410, 45-6-411.

WhatNew Mexico
Transfer-on-death deedAllowed; record before death

Source

N.M. Stat. §§ 45-6-401, 45-6-405, 45-6-406, 45-6-409, 45-6-410, 45-6-411

Read the statute in the New Mexico Statutes (New Mexico Compilation Commission): nmonesource.com.

Checked against the statute on November 13, 2026.

This is a summary of a published statute, not legal advice. Rules change, local ordinances can add to them, and the terms of a specific lease may differ. Check the citation and speak to a lawyer before acting.

How Seayora uses this rule

An owner on Seayora keeps each property’s owners of record, its entity and its documents in one place, so who holds title and how is on file beside the leases and the books.

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