2017 New Mexico Statutes
Chapter 45 - Uniform Probate Code
Article 6 - Nonprobate Transfers
Part 4 - UNIFORM REAL PROPERTY TRANSFER ON DEATH
Section 45-6-411 - Revocation by instrument authorized; revocation by act not permitted.
45-6-411. Revocation by instrument authorized; revocation by act 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.
History: 1978 Comp., 45-6-411, enacted by Laws 2013, ch. 38, 11.
