Section 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. 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 […]
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 […]
Section 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. 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, […]
Section 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 […]
Section 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 […]
Section 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. History: 1978 Comp., § 45-6-403, enacted by Laws 2013, ch. 38, § 3. ANNOTATIONS Effective dates. — Laws 2013, ch. 38, § […]
Section 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. 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 […]