New Mexico Transfer-on-Death Deed

New Mexico adopted the Uniform Real Property Transfer on Death Act, effective January 1, 2014. This law lets an individual transfer real property to one or more named beneficiaries, with the transfer taking effect only when the transferor dies, through a transfer-on-death deed (New Mexico Legislature, SB 107).

A defining feature of this deed is that it remains revocable. The Act specifies that a transfer-on-death deed stays revocable even if the deed itself or some other instrument says otherwise, and it lays out specific recording-based methods for revoking the deed before the owner's death (New Mexico Legislature, SB 107).

That retained control is a meaningful distinction when comparing a TOD deed against a present transfer of a remainder interest — the owner keeps full authority over the property during life. Still, avoiding ordinary probate through this deed is not the same as securing a particular Medicaid outcome; the deed doesn't by itself resolve eligibility, liens, title, or recovery questions, all of which need separate legal review.