New Mexico § 45-6-411 Revocation by instrument authorized; revocation by act

New Mexico Statutes

§ 45-6-411 — Revocation by instrument authorized; revocation by act

New Mexico § 45-6-411

Ch. 45Uniform Probate Code

Art. 6Nonprobate Transfers

This text of New Mexico § 45-6-411 (Revocation by instrument authorized; revocation by act) is published on Counsel Stack Legal Research, covering New Mexico primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.M. Stat. Ann. § 45-6-411 (2026).

Text

not permitted. 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:

(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;

(b)an instrument of revocation that expressly revokes the deed or part of the deed; or (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 tra

Free access — add to your briefcase to read the full text and ask questions with AI

not permitted. 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: (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; (b) an instrument of revocation that expressly revokes the deed or part of the deed; or (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.