Sections 45-6-401 through 45-6-417 NMSA 1978 may be cited as the “Uniform Real Property Transfer on Death Act”. History: Laws 2001, ch. 236, § 1; repealed and reenacted by Laws 2013, ch. 38, § 1. ANNOTATIONS Repeals and reenactments. — Laws 2013, ch. 38, § 1 repealed former 45-6-401 NMSA 1978, as enacted by Laws […]
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 […]
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. History: 1978 Comp., § 45-6-403, enacted by Laws 2013, ch. 38, § 3. ANNOTATIONS Effective dates. — Laws 2013, ch. 38, § […]
The Uniform Real Property Transfer on Death Act does not affect any method of transferring property otherwise permitted under the laws of New Mexico. History: 1978 Comp., § 45-6-404, enacted by Laws 2013, ch. 38, § 4. ANNOTATIONS Effective dates. — Laws 2013, ch. 38, § 18 provided that Laws 2013, ch. 38, § 4 […]
An individual may transfer property to one or more beneficiaries effective at the transferor’s death by a transfer on death deed. History: 1978 Comp., § 45-6-405, enacted by Laws 2013, ch. 38, § 5. ANNOTATIONS Effective dates. — Laws 2013, ch. 38, § 18 provided that Laws 2013, ch. 38, § 5 was effective January […]
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.
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.
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 […]
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 […]
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. History: 1978 Comp., § 45-6-410, enacted by Laws 2013, ch. 38, § 10. ANNOTATIONS Effective dates. — Laws 2013, ch. 38, § 18 provided that Laws 2013, ch. 38, […]
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 […]
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. […]
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 […]
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 […]
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 […]
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 […]
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 […]
