Disclaimer: This is not legal advice.
Determining Property Ownership After a Parent’s Death in New Mexico
Losing a parent raises many questions, especially if your deceased parent is the sole name on the deed. In New Mexico, you must follow specific steps to transfer or confirm ownership. This guide outlines key actions under the New Mexico Probate Code.
1. Review the Deed and Title Documents
Start by examining the deed filed with the county clerk. Confirm whether it is a sole ownership deed or a Transfer on Death Deed (TOD Deed). New Mexico’s TOD Deed law (NMSA 1978, §45-6C-1) allows owners to name beneficiaries who take title outside probate. Learn more: TOD Deed Act.
2. Locate a Will or Estate Plan
Search for your parent’s will, living trust, or other estate planning documents. A valid will directs the distribution of property and can simplify transferring ownership through probate.
3. Follow Intestate Succession Rules if No Will Exists
If your parent died without a valid will, New Mexico’s intestate succession statute applies. Under NMSA 1978, §45-2-102, heirs inherit by blood relation. Typically, property passes equally to surviving children or next of kin. For full details, see Intestate Succession.
4. Open Probate or Use a Small Estate Affidavit
If the estate’s total value exceeds New Mexico’s small estate threshold, you must open a probate case in the district court of your parent’s county of residence. If the personal property value is $75,000 or less and real estate is $15,000 or less, you may file a Small Estate Affidavit under NMSA 1978, §45-3A-301 to transfer assets without full probate. Read more: Small Estate Affidavit.
5. Record the New Deed or Transfer Documents
After obtaining court authorization—such as letters testamentary, letters of administration, or a small estate affidavit—prepare and record a new deed naming the transferee. File it with the county clerk to update public records.
Helpful Hints
- Obtain multiple certified copies of the death certificate.
- Request certified copies of the original deed from the county clerk.
- Search public records for liens, mortgages, or unpaid taxes.
- Consult a probate attorney if the estate exceeds small estate limits.
- Publish notices to creditors and comply with court timelines.