A. Subject to Subsection B of this section, an instrument is effective to revoke a recorded transfer on death deed, or any part of it, only if the instrument:

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Terms Used In New Mexico Statutes 45-6-411

  • 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.

(1)     is acknowledged by the transferor after the acknowledgment of the deed being revoked;

(2)     is recorded before the transferor’s death in the public records in the office of the county clerk for the county in which the deed is recorded; and

(3)     is:

(a) a transfer on death deed that revokes the deed or part of the deed expressly or by inconsistency;

deed; or

(b) an instrument of revocation that expressly revokes the deed or part of the (c) an inter vivos deed that expressly revokes the transfer on death deed or part of the deed.

B. If a transfer on death deed is made by more than one transferor:

(1)     revocation by a transferor does not affect the deed as to the interest of another transferor; and

(2)     a deed of joint owners is revoked only if it is revoked by all of the living joint owners.

C. After a transfer on death deed is recorded, it may not be revoked by a revocatory act on the deed.

D. This section does not limit the effect of an inter vivos transfer of the property.