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New Mexico Disclaimer of Interest

As part of the New Mexico Statutes, the beneficiary of an interest in property may renounce the gift, either in part or in full (Uniform Disclaimer of Property Interests Act NMSA 1978 46-10-1 to 46-10-17). Note that the option to disclaim is only available to beneficiaries who have not acted in any way to indicate acceptance or ownership of the interest ( 46-10-13).

The disclaimer must be in writing and include a description of the interest, a declaration of intent to disclaim all or a defined portion of the interest, and be signed by the disclaimant ( 46-10-5 (c)).

Deliver the disclaimer within nine months of the transfer (e.g., the death of the creator of the interest) to the personal representative of the decedent's estate or the trustee, or file it with the court having authority to appoint such a person or to enforce the trust ( 46-10-12). If real property is involved, record a copy of the disclaimer in the office of the county clerk in the county in which the property or interest disclaimed is located. This helps avoid any ambiguity regarding the chain of title ( 46-10-15).

A disclaimer is irrevocable and binding for the disclaiming party and his or her creditors, so be sure to consult an attorney when in doubt about the drawbacks and benefits of disclaiming inherited property. If the disclaimed interest arises out of jointly-owned property, seek legal advice as well.

Deeds.com New Mexico Disclaimer of Interest Forms Have Been Updated as Recently as Thursday February 14, 2019

4.6 out of 5 (269 Reviews)

What others like you are saying:


December 28th, 2018

Name: Michael L.

Review: I accidentally ordered the wrong deed package. Was looking for a quit claim deed and got a trustee deed. I immediately emailed the company, nothing back from them. I would like to exchange my purchase.

Reply from Staff on December 28th, 2018

Thank you for your feedback. We replied to your message on December 20th at 2:05 pm, the reply was as follows: As a one time courtesy we have canceled your order/payment for the Trustee Deed document.


February 16th, 2019

Name: Lindsay B.

Review: The form was easy to fill out. The only problem I had was on the Notary page I live in a different state than the property and I couldn't change the name of the state or county where the notary had to sign.

Reply from Staff on February 16th, 2019

Thanks Lindsay, we appreciate your feedback.


January 1st, 2019

Name: Patricia And James J.

Review: No review provided.

Reply from Staff on January 1st, 2019

Thank you for your feedback. We really appreciate it. Have a great day!


New Mexico Disclaimer of Interest Form