[NM] Will a TOD e-document be enough to transfer my mother's home?
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Yes—provided it meets New Mexico’s requirements. (NM Stat § 45-6-409)
Here are the steps to finalize it:
1. Verify the Document
- Ensure it includes: a legal property description, your mother’s full name, and the correct beneficiary name(s).
- Confirm that it has been signed by your mother and notarized.
2. Record the Deed
- Submit the signed and notarized TOD deed to the county recorder's office where the property is located.
- Confirm with the office whether a recording fee applies.
3. Confirm Recording
- After submission, call or check online to verify that it was officially recorded.
- Request a certified copy for your records.
4. Optional: Consult a Local Attorney
- If you're uncertain, a quick review by a New Mexico estate planning attorney can provide peace of mind.
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I just put together a TOD (Transfer on Death) document for my mother's home. The home is paid in full; however, she doesn't remember if there's a TOD on the title/deed. I'm wanting to get her affairs in order, and as her POA, I just want to ensure this is complete. Is there anything I’m missing or not thinking of regarding her home?
I understand the importance of ensuring your mother's TOD document is in order. Has the TOD document been officially recorded with the county where the property is located?
I'm not sure there was a TOD on her title/deed. How can I go about inquiring if there is one? I’ve tried to contact the county to no avail.
Have you checked if there are any specific requirements or forms needed by the county or state for a valid TOD document on real estate?
No, I haven’t. I’ve had so much to handle with her health and only now can start working on her financials and home.
Is there anything else the lawyer should know before I connect you?
I don’t think so. I’m POA, DPOA, TTE on accounts, and TTEE on a trust account—but would love to have insight.
Hi there! I'm James Daloisio, an estate law expert. It sounds like you're doing a great job managing your mother’s affairs. I can help you navigate this.
Could you let me know which state or county the property is located in?
New Mexico.
Thanks for that. Have you tried other ways to verify the TOD status besides contacting the county—like asking a local attorney or real estate professional?
No, I believe I just need a notarized TOD form, which I used your forms for. I’ve only gotten an appraisal for her home so far.
That's a good start. Here's what you need to know specific to New Mexico:
In New Mexico, a Transfer on Death (TOD) deed allows a property owner to pass real estate to a beneficiary without probate. To be valid, the TOD deed must:
- Be signed and notarized by the property owner.
- Be recorded in the county where the property is located.
The owner retains full control during their lifetime and can sell or refinance the property. But recording the TOD is key to enforceability.
Yes, I’m aware of that. Will the e-form document I just created using your system be sufficient?
Yes—provided it meets New Mexico’s requirements. (NM Stat § 45-6-409)
Here are the steps to finalize it:
1. Verify the Document
- Ensure it includes: a legal property description, your mother’s full name, and the correct beneficiary name(s).
- Confirm that it has been signed by your mother and notarized.
2. Record the Deed
- Submit the signed and notarized TOD deed to the county recorder's office where the property is located.
- Confirm with the office whether a recording fee applies.
3. Confirm Recording
- After submission, call or check online to verify that it was officially recorded.
- Request a certified copy for your records.
4. Optional: Consult a Local Attorney
- If you're uncertain, a quick review by a New Mexico estate planning attorney can provide peace of mind.
That answers all my questions. Thanks!
