Disclaimer: This article provides general information under New Mexico law and does not constitute legal advice.
Detailed Answer
When real property lies outside New Mexico, heirs must use a deed recognized by the jurisdiction where the land is located. However, New Mexico law governs how a personal representative or heir can transfer decedents’ interests before the deed reaches the out-of-state recorder’s office.
If the decedent’s estate is probated in New Mexico, the appointed personal representative may execute a Personal Representative’s Deed. This deed transfers the decedent’s interest according to the will or statutes of descent and distribution. See NMSA 1978 § 45-3-303 (link).
After distribution, or when no probate administration occurs within one year, New Mexico heirs may use an Affidavit of Heirship under NMSA 1978 § 45-2-215 (link). With this affidavit, heirs can convey their interests directly by signing a Quitclaim Deed or Deed of Distribution. A Quitclaim Deed transfers only the grantor’s interest without warranties. A Deed of Distribution declares that the transfer aligns with the court-approved distribution plan.
Key steps to convey out-of-state property:
- Prepare the deed type required by the jurisdiction where the land is located (often a Quitclaim Deed or Personal Representative’s Deed).
- Include a full legal description of the property.
- Obtain notarized signatures of all grantors (heirs or personal representative).
- Attach any required affidavit, such as the Heirship Affidavit, if no New Mexico administration occurred.
- Pay recording fees and transfer taxes in the county recorder’s office of the jurisdiction where the property sits.
- Record the deed with the local recorder or county clerk to create public notice.
Helpful Hints
- Confirm the deed format and requirements of the state where the property is located.
- Use a reputable title company or real estate attorney in the out-of-state jurisdiction for recording guidance.
- Ensure the affidavit of heirship is filed in the county where the property is located, if permitted.
- Check for transfer taxes or documentary stamps in the receiving state.
- Maintain certified copies of probate documents to support the deed in another jurisdiction.
- Follow local recording office rules on margins, indexing, and format to avoid rejection.