Mckinley County Personal Representative Deed Form

Mckinley County Personal Representative Deed Form
Fill in the blank form formatted to comply with all recording and content requirements.

Mckinley County Personal Representative Deed Guide
Line by line guide explaining every blank on the form.

Mckinley County Completed Example of the Personal Representative Deed Document
Example of a properly completed form for reference.
All 3 documents above included • One-time purchase • No recurring fees
Additional New Mexico and Mckinley County documents included at no extra charge:
Where to Record Your Documents
McKinley County Clerk
Gallup, New Mexico 87301
Hours: 8:30 to 4:00 M-F
Phone: (505) 863-6866
Recording Tips for Mckinley County:
- Ensure all signatures are in blue or black ink
- Recorded documents become public record - avoid including SSNs
- Check margin requirements - usually 1-2 inches at top
- Bring extra funds - fees can vary by document type and page count
- Avoid the last business day of the month when possible
Cities and Jurisdictions in Mckinley County
Properties in any of these areas use Mckinley County forms:
- Brimhall
- Church Rock
- Continental Divide
- Crownpoint
- Fort Wingate
- Gallup
- Gamerco
- Jamestown
- Mentmore
- Mexican Springs
- Navajo
- Prewitt
- Ramah
- Rehoboth
- Smith Lake
- Thoreau
- Tohatchi
- Vanderwagen
- Yatahey
- Zuni
Hours, fees, requirements, and more for Mckinley County
How do I get my forms?
Forms are available for immediate download after payment. The Mckinley County forms will be in your account ready to download to your computer. An account is created for you during checkout if you don't have one. Forms are NOT emailed.
Are these forms guaranteed to be recordable in Mckinley County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Mckinley County including margin requirements, content requirements, font and font size requirements.
Can I reuse these forms?
Yes. You can reuse the forms for your personal use. For example, if you have multiple properties in Mckinley County you only need to order once.
What do I need to use these forms?
The forms are PDFs that you fill out on your computer. You'll need Adobe Reader (free software that most computers already have). You do NOT enter your property information online - you download the blank forms and complete them privately on your own computer.
Are there any recurring fees?
No. This is a one-time purchase. Nothing to cancel, no memberships, no recurring fees.
How much does it cost to record in Mckinley County?
Recording fees in Mckinley County vary. Contact the recorder's office at (505) 863-6866 for current fees.
Have other questions? Contact our support team
Transferring a Decedent's Realty in New Mexico
Probate is the court-supervised process of settling a decedent's (deceased person's) estate and distributing his or her assets according to the provisions of a will or pursuant to laws of intestate succession.
New Mexico is one of 18 states as of the time of this writing to adopt the Uniform Probate Code, a nationally-recommended set of laws governing the probate process. The Uniform Probate Code is codified at Chapter 45 of the New Mexico Statutes.
Probate of an estate takes place in the probate court of the New Mexico county wherein the decedent resided at the time of death. Contested cases may be brought before the district court.
When a decedent leaves property titled in his or her name individually, such property is subject to probate. Any realty the decedent held as a tenant in common must also pass through probate. If the decedent's estate includes realty not situated in the county where the estate is administered, NMSA 1978, 45-1-404 provides that a notice of administration be filed in the county wherein any ancillary real property is situated.
The Uniform Probate Code also addresses non-probate transfers of property (codified in New Mexico at NMSA 1978, 45-6-101 through 45-6-417). Property held with a survivorship interest, in a trust, or with a beneficiary designation (such as a recorded transfer on death deed) transfers outside of probate. A surviving spouse in New Mexico who occupied a homestead as community property with his/her spouse may also avoid probate by filing an affidavit of transfer of title to homestead under NMSA 1978, 45-3-1205.
The first step of probate is making application for appointment as personal representative (PR), who is the fiduciary in charge of settling and distributing the estate; administration of the estate cannot begin until the court authorizes a personal representative.
Depending on the testacy status of the decedent (whether the decedent died with a will), the personal representative may alternately be referred to as an executor or an administrator. An executor is someone named by the decedent to carry out the provisions of his or her will, while an administrator is a person selected by the probate court when the decedent dies without a will or the will does not name an executor of the estate.
NMSA 1978, 45-3-203 establishes the priority of persons to be appointed PR of a decedent's estate, with the executor named in the decedent's will having highest priority. If the decedent died without a will, the surviving spouse has the highest priority to serve, followed by the intestate decedent's heirs. A person petitioning the court to serve as an estate's administrator must obtain waivers from each person with a higher priority to serve, if applicable.
To officially begin administration, the court issues letters appointing the PR. When the decedent dies intestate (without a will), these are called letters of administration. When the decedent dies testate (with a will), these are called letters testamentary. The letters act as proof that the personal representative named within is the acting and qualified PR, enabling him to act on behalf of the decedent's estate and carry out the duties of administration.
The Uniform Probate Code establishes rules for providing notice to heirs and creditors of a probated estate. Once appointed, the PR must provide notice of appointment to heirs and devisees within 10 days (NMSA 1978, 45-3-705). A devisee (or beneficiary) is anyone listed in the decedent's will to receive assets from the estate. An heir is anyone entitled to an intestate decedent's property. Statutes also require the PR to provide notice to creditors to file claims on the estate within 4 months of the publication of such notice (45-3-801).
Among a PR's duties is to collect the decedent's assets and take inventory of the estate; file applicable income and estate taxes; pay the decedent's debts and the costs of estate administration; and, finally, distribute the remaining assets to the heirs or devisees. The allotted shares of heirs in an intestate estate are outlined at NMSA 1978, 45-2-101 through 45-2-104.
The PR may have to petition the district court to partition an estate when multiple heirs or devisees are entitled to undivided interests in realty. The court may make partition or direct the PR to sell property that "cannot be partitioned without prejudice...and which cannot conveniently be allotted to any one party" (NMSA 1978, 45-3-911).
In New Mexico, a PR deed is an instrument that conveys title from the decedent to a devisee, heir, or purchaser, typically with special warranty covenants. The special warranty deed is a statutory form in New Mexico, codified at NMSA 1978, 47-1-44(5). By offering a fiduciary deed with special warranty covenants, the PR covenants with the grantee that the premises conveyed are free from encumbrances made by the grantor, and that the grantor will warrant and defend the grantee's title against the lawful claims arising by, through, or under the grantor, but against no other persons (47-1-38).
To successfully distribute real property to successors in interest, whether they be devisees listed in the decedent's will or heirs entitled by laws of intestate succession, the PR must confirm the successor's title through executing and recording a personal representative's deed. Some title companies may require that a court order be entered before transferring a decedent's property.
When the grantee is an heir or devisee and the conveyance is made with no consideration, the PR deed may be alternately referred to as a deed of distribution. The deed, recorded in the clerk's office wherein the subject realty is located, serves as "conclusive evidence that the distributee has succeeded to the interest of the estate in the distributed assets, as against all interested persons" (NMSA 1978, 45-3-908). An interested person is an heir, devisee, or other beneficiary or creditor having a property right in or a claim against the decedent's estate (45-1-201(26)).
A PR deed names the authorized executor or administrator of the estate as the grantor, along with details about the probated estate, including the decedent's name, the county of probate, the cause number assigned to the estate by the probate court, and the PR's date of appointment. As with other transfers of real property, it requires the grantee's name, address, and vesting information, and contains a complete legal description of the subject parcel, along with parcel identifier, and a recitation of the source of title. Detail any restrictions or agreements associated with the premises. Whether the PR executes the deed to a distributee or to a purchaser, the instrument must comply with New Mexico's standards for form and content of instruments pertaining to interests in realty. The authorized personal representative must sign in the presence of a notarial official before recording the deed in the appropriate county clerk's office.
Because New Mexico is a nondisclosure state, certain types of personal information, including the consideration exchanged in a transfer of property, are withheld from public record. Most transfers require a Real Property Transfer Declaration Affidavit, which details the relevant sales information. This affidavit must be filed with the assessor's office within 30 days of recording the deed. If the deed conveys title to a purchaser, include a statement of consideration paid for the transfer and an accompanying New Mexico real property transfer declaration affidavit. Note that transfers made to effect a court-ordered partition or establish a distribution from an estate are exempt from the affidavit requirement (NMSA 1978, 7-38-12.1(D)).
The information provided here is not a substitute for legal advice. Consult an attorney with questions regarding personal representative's deeds and probate procedures in New Mexico, as each situation is unique.
(New Mexico PRD Package includes form, guidelines, and completed example)
Important: Your property must be located in Mckinley County to use these forms. Documents should be recorded at the office below.
This Personal Representative Deed meets all recording requirements specific to Mckinley County.
Our Promise
The documents you receive here will meet, or exceed, the Mckinley County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.
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Get your Mckinley County Personal Representative Deed form done right the first time with Deeds.com Uniform Conveyancing Blanks. At Deeds.com, we understand that your time and money are valuable resources, and we don't want you to face a penalty fee or rejection imposed by a county recorder for submitting nonstandard documents. We constantly review and update our forms to meet rapidly changing state and county recording requirements for roughly 3,500 counties and local jurisdictions.
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September 10th, 2019
Old document deeds were not available and my cost was returned. Was referred to another location and was able to get some help there.
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March 20th, 2022
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April 3rd, 2024
Downloaded pdf form was difficult to use,/modify and has too much space between sections.
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August 24th, 2022
The service provided was exactly what I needed. The downloadable deed and supporting documents allowed me to move forward with the days project. Everything I needed to file my documents from two states away and at two in the morning! I highly recommend this site. I found it to be the easiest, most expedient and cost effective method to get up to date legal forms for filing land deeds.
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August 6th, 2020
I filled out the deed, had it notarized, and recorded. No problems. I put this off for so long. Once I had the form it was recorded in one day.
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June 11th, 2020
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December 18th, 2020
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March 2nd, 2022
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February 23rd, 2020
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June 15th, 2022
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May 1st, 2022
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July 19th, 2023
Excellent Site for recording documents to respective county Recorder Office. Excellent customer service, very well informed and experienced staff who responds promptly and guide customers throughout recording process. My recording was suspended But KVH (Staff) gave me proper timely advise and guided me for the procedure till recording was done by county office. I would like to give 6 stars or more to the site as per my experience with this site. Highly recommended site
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January 25th, 2021
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Kathy L.
January 30th, 2022
Review: There are 10 PDFs in this warranty deed package. I don't even know what to do with them all. I don't think the directions are clear enough on how to put it all together. I probably won't use it, and feel I have wasted my money.
Sorry to hear that the volume of documents required to complete your task was more than you anticipated. It is rare that we get complaints about providing everything needed. We certainly don't want you to be overwhelmed or feel like you have wasted your money. Your order and payment has been canceled and we do hope that you find something more suitable to your needs elsewhere. Have a wonderful day.