Torrance County Personal Representative Deed Form

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

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

Torrance 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
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Additional New Mexico and Torrance County documents included at no extra charge:
Where to Record Your Documents
Torrance County Clerk
Estancia, New Mexico 87016
Hours: 7:30 to 5:30 Mon-Thu; closed Fri
Phone: (505) 246-4735
Recording Tips for Torrance County:
- Bring your driver's license or state-issued photo ID
- Verify all names are spelled correctly before recording
- Double-check legal descriptions match your existing deed
- Make copies of your documents before recording - keep originals safe
Cities and Jurisdictions in Torrance County
Properties in any of these areas use Torrance County forms:
- Cedarvale
- Clines Corners
- Encino
- Estancia
- Mcintosh
- Moriarty
- Mountainair
- Torreon
- Willard
Hours, fees, requirements, and more for Torrance County
How do I get my forms?
Forms are available for immediate download after payment. The Torrance 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 Torrance County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Torrance 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 Torrance 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 Torrance County?
Recording fees in Torrance County vary. Contact the recorder's office at (505) 246-4735 for current fees.
Questions answered? Let's get started!
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 Torrance County to use these forms. Documents should be recorded at the office below.
This Personal Representative Deed meets all recording requirements specific to Torrance County.
Our Promise
The documents you receive here will meet, or exceed, the Torrance 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 Torrance 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.
4.8 out of 5 - ( 4578 Reviews )
Sandra P.
July 25th, 2020
Thank so much! It' was pretty easy with the help of my Brother in-law .
Thank you for your feedback. We really appreciate it. Have a great day!
Matthew C.
March 29th, 2022
Your Transfer on Death Deed is fine and you have plenty of information about that part. But where is the Confirmatory Deed that is required in many jurisdictions in order to actually pass ownership of a property when the Transfer on Death Deed becomes effective? IT IS MISSING!!
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Sarjit K.
August 30th, 2023
excellent
Thank you!
franklin m.
October 14th, 2020
good format, helpful instructions
Thank you!
Tom L.
January 10th, 2023
For better grammatical structure you should add the word "BE" after the first three words.... Your review may ..... BE....displayed.
Thanks for letting us know!
Donna r.
September 18th, 2020
Downloads were easy but I am pretty lost in filling out. Thought be more instructions
Thank you for your feedback Donna. If you are not completely sure of what you are doing we highly recommend seeking the assistance of a legal professional familiar with your specific situation.
Lenore H.
March 13th, 2019
I was very pleased with the service I received yesterday at the recorders office. no complaints at all. Served promptly and efficiently.
Thank you!
Lori W.
July 28th, 2023
Timely, efficient and easy to use.
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
Michelle N.
June 28th, 2023
I was very pleased with the service I received. I sent a Quit Claim deed to be filed and received a response the next morning that it was complete.
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John C.
December 1st, 2020
Great site and information. Very useful.
Thanks John, we appreciate your kind words.
Robert H.
August 30th, 2019
I found the site to be easy to use and the information very helpful.
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Evelynne H.
December 3rd, 2020
The service was quick and easy to use. Which is something I really appreciate.
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
Patricia C.
July 11th, 2019
The website works fine. The process of changing my Mineral Deed is sure more expensive in Texas. But I appreciate the convenience of the website and the pages of directions.
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
A. S.
February 27th, 2019
First, I am glad that you gave a blank copy, an example copy, and a 'guide'. It made it much easier to do. Overall I was very happy with your products and organization... however, things got pretty confusing and I have a pretty 'serious' law background in Real Estate and Civil law. With that said, I spent about 10+ hours getting my work done, using the Deed of Trust and Promissory note from you and there were a few problems: First, it would be FANTASTIC if you actually aligned your guide to actually match the Deed or Promissory Note. What I mean is that if the Deed says 'section (E)' then your guide shouldn't be 'randomly' numbered as 1,2,3, for advice/instructions, but should EXACTLY match 'section (E)'. Some places you have to 'hunt' for what you are looking for, and if you did it based on my suggestion, you wouldn't need to 'hunt' and it would avoid confusion. 2nd: This one really 'hurt'... you had something called the 'Deed of Trust Master Form' yet you had basically no information on what it was or how to use it. The only information you had was a small section at the top of the 'Short Form Deed of Trust Guide'. Holy Cow, was that 'section' super confusing. I still don't know if I did it correctly, but your guide says only put a return address on it and leave the rest of the 16 or so page Deed of Trust beneath it blank... and then include your 'Deed of Trust' (I had to assume the short form deed that I had just created) as part of it. I had to assume that I had to print off the entire 17 page or so title page and blank deed. I also had to assume that the promissory note was supposed to be EXHIBIT A or B on the Short Form Deed. It would be great if someone would take a serious look at that short section in your 'Short Form Deed of Trust Guide' and realize that those of us using your products are seriously turning this into a county clerk to file and that most of us, probably already have a property that has an existing Deed... or at least can find one in the county records if necessary... and make sure that you make a distinction between the Deed for the property that already exists, versus the Deed of Trust and Promissory note that we are trying to file. Thanks.
Thank you for your feedback. We'll have staff review the document for clarity. Have a great day!
Reitman R.
November 15th, 2020
Ordering, payment, and downloads went without a hitch. I appreciated the guide and examples. Than k you for hosting a good, working site.
Thank you for your feedback. We really appreciate it. Have a great day!