In most states, transferring a real property deed of a decedent to a beneficiary or surviving relative can be complicated. Most states require estates, even those with a will, to go to probate court. However, New Mexico law allows a testator, or person making the will, to sign a Transfer on Death deed to avoid probate. The New Mexico property passes straight to the TOD deed grantee, regardless of whose names appear on the property deed.
Retrieve the "Transfer on Death Deeds" made by the testator or person who has died. A copy of this document will be available through the probate attorney who wrote the will or at the New Mexico county recorder's or county property appraiser's office.
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Take a copy of the deceased person's death certificate to the county recorder or tax appraiser's office in the New Mexico county where the property is located. Present the death certificate to the registrar's clerk and ask to record an affidavit.
Complete and record the affidavit. Fill out the affidavit and provide a copy of the Transfer on Death deed to the registrar. File both the affidavit and copy of the TOD deed" with the office. The registrar will record the instruments and the New Mexico property will be deeded in the grantee's name.
If the person who died did not complete and execute a Transfer on Death deed, the property will have to be probated through the New Mexico courts.
- If the person who died did not complete and execute a Transfer on Death deed, the property will have to be probated through the New Mexico courts.
Owen Richason grew up working in his family's small contracting business. He later became an outplacement consultant, then a retail business consultant. Richason is a former personal finance and business writer for "Tampa Bay Business and Financier." He now writes for various publications, websites and blogs.