Section 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. […]
Section 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 […]
Section 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]. History: 1978 Comp., § 45-6-414, enacted by Laws 2013, ch. 38, § 14. ANNOTATIONS Effective dates. — Laws 2013, ch. 38, § 18 provided that Laws […]
Section 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. History: 1978 Comp., § 45-6-415, enacted by Laws 2013, ch. 38, § 15. ANNOTATIONS Effective dates. — Laws […]
Section 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 […]
Section 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 […]
Section 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. History: 1978 Comp., § 45-6-406, enacted by Laws 2013, ch. 38, § 6. ANNOTATIONS Effective dates. — Laws 2013, ch. 38, § 18 provided that Laws 2013, ch. 38, § 6 was effective January 1, 2014.
Section 45-6-407 – Transfer on death deed nontestamentary.
A transfer on death deed is nontestamentary. History: 1978 Comp., § 45-6-407, enacted by Laws 2013, ch. 38, § 7. ANNOTATIONS Effective dates. — Laws 2013, ch. 38, § 18 provided that Laws 2013, ch. 38, § 7 was effective January 1, 2014.
Section 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. History: 1978 Comp., § 45-6-408, enacted by Laws 2013, ch. 38, § 8. ANNOTATIONS Effective dates. — Laws 2013, ch. 38, § 18 provided that Laws 2013, ch. 38, § 8 was […]
Section 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 […]