Quick answer

No. A will controls only property that passes through probate. Transfer-on-death (TOD) deeds, payable-on-death (POD) designations, beneficiary forms for retirement accounts and life insurance, and jointly held property generally pass outside probate and follow the beneficiary or title. If you want your daughter to receive items without probate, you may need TOD or POD designations (or other nonprobate arrangements) in addition to the will. If you want everything to go through probate so the will governs distribution, avoid nonprobate designations or retitle assets accordingly.

How probate and nonprobate transfers work in New Mexico

When you die, assets titled in your name alone that do not have a named beneficiary typically go through probate. Probate is the court process that identifies assets, pays debts, and distributes probate property under your will (or under state intestacy rules if there is no valid will).

By contrast, many assets pass outside probate because of the way they are titled or because they have a beneficiary designation. Common nonprobate mechanisms include:

• Payable-on-death (POD) or “in trust for” bank accounts;
• Transfer-on-death (TOD) deeds for real property, where available;
• Beneficiary-designated retirement accounts and IRAs;
• Life insurance proceeds paid to a named beneficiary;
• Joint tenancy with right of survivorship or other joint ownership arrangements.

What that means for a will that leaves everything to your daughter

If your will says “I leave all my property to my daughter,” that language controls only probate assets. Any asset that has a valid beneficiary designation or nonprobate title will pass according to that designation—even if the will says otherwise. For example:

• If your bank account is set up as POD to your friend, that account pays the friend on your death, not your daughter under your will.
• If a retirement account names your sister as beneficiary, the retirement account goes to the sister despite the will.
• If a home is retitled into a TOD deed naming your daughter, the deed will transfer the home to her without probate.

When you might still want a TOD deed or POD designation

Even with a will that leaves everything to your daughter, you might choose TOD deeds or POD designations when your goals include:

• Avoiding probate for specific assets to reduce delay and cost;
• Giving a specific asset directly to your daughter while handling other assets through the will;
• Simplifying transfers for low-value accounts or a single property;
• Preserving confidentiality (probate records are public; many beneficiary transfers are private).

When you might not want TOD/POD or beneficiary changes

There are reasons to avoid nonprobate transfers or to use them with care:

• Creditors. Some nonprobate transfers may still be reachable by creditors; others may bypass creditor claims that would otherwise be addressed in probate.
• Flexibility. A will can be changed to handle complex distribution schemes, trusts, or conditions. Simple beneficiary forms cannot handle complex instructions.
• Unintended recipients. A stale beneficiary designation (e.g., naming an ex-spouse) can defeat your will’s intent.
• Taxes and benefits. Sudden transfers can affect tax basis, estate taxes (if any), or eligibility for government benefits—especially for heirs who need long-term care or public benefits.

Practical checklist — how to coordinate a will with TOD/POD choices

1. Inventory your assets: list titles, account ownership, and all beneficiary designations.
2. Decide which assets you want to pass by will (probate) and which you want to transfer outside probate.
3. Update beneficiary forms at banks, retirement plans, and insurance companies to match your intent.
4. If you want to avoid probate for real property, ask whether New Mexico recognizes the TOD deed form for real estate and, if so, record it properly with the county clerk.
5. Review joint ownership arrangements—joint ownership often passes automatically to the survivor and can defeat a will.
6. Make sure your will includes a residuary clause and coordinates with beneficiary forms so there are no unintended conflicts.
7. Store documents and let your daughter (or a trusted person) know where to find them.

Example (hypothetical)

Suppose you have:

• A house titled in your name only;
• A checking account marked POD to your daughter;
• A 401(k) that names your brother as beneficiary;
• A will that leaves “all property” to your daughter.

On your death: the checking account would go directly to your daughter (POD); the 401(k) would go to your brother (beneficiary form); the house would go through probate and—if nothing else interferes—your will would pass the house to your daughter. Because of the 401(k) beneficiary, the will’s language alone would not give that retirement account to your daughter.

Next steps in New Mexico

1) Check account and title documents now. Beneficiary designations often remain in force until changed. 2) If you want to avoid probate for real property, ask whether New Mexico TOD deed provisions apply to your property and how to record one correctly. 3) Talk to the banks and plan administrators about completing POD or beneficiary forms. 4) Consider professional advice for complex estates, tax questions, or creditor issues.

For general probate guidance in New Mexico, the statewide court website has self-help information that explains how probate works and what goes through the courts: nmcourts.gov. For official state legislative information and statute lookup, visit the New Mexico Legislature site: nmlegis.gov.

When to consult an attorney

Talk to an estate planning or probate attorney if you have any of the following:

• Multiple or high-value assets;
• Complex family situations (remarriage, blended family, disinherited relatives);
• Concerns about Medicaid, long-term care or special-needs beneficiaries;
• Potential creditor or tax exposure;
• Questions about how to properly prepare and record a TOD deed in New Mexico.

Helpful hints

• Remember: beneficiary forms and titling trump a will for that asset.
• Keep beneficiary designations current—major life events (marriage, divorce, births, deaths) often require updates.
• If you want one clean transfer to your daughter, make sure all account beneficiary designations and titles match that intent.
• Document where you keep original beneficiary forms, deeds, and the will; tell your executor or daughter where to find them.
• Consider small POD accounts for petty cash and a TOD deed only for property where avoiding probate is a clear advantage.
• Even with TOD/POD options, a will can still name a personal representative, guardians for minor children, and handle assets that must go through probate.