A transfer on death deed shall:

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Terms Used In New Mexico Statutes 45-6-409

  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Inter vivos: Transfer of property from one living person to another living person.

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 for the county where the property is located.