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Transfer on Death Revocation Form - Hidalgo County
Fill in the blank form formatted to comply with all recording and content requirements.
Included document last updated 7/31/2020
Transfer on Death Revocation Guide - Hidalgo County
Line by line guide explaining every blank on the form.
Included document last updated 7/14/2020
Completed Example o fthe Transfer on Death Deed Revocation Document - Hidalgo County
Example of a properly completed form for reference.
Included document last updated 6/19/2020
*The Following New Mexico and Hidalgo County supplemental forms are included as a courtesy with your order.
Real Property Affidavit
Unless exempt, this form is required within 30 days from the recordation of a deed. The form lists the exemptions.
Certification of Trust
The rules relating to certifications of trust are codified at 46A-10-1013 NMSA 1978. Include this document when conveying an interest in real estate that is held by a trust.
Notary Certificates
The supplemental forms in this section can be used as loose certificates by notaries in the state.
Including:
On January 1, 2014, New Mexico joined with eleven other states to enact the Uniform Real Property Transfer on Death Act (URPTODA), found at Sections 45-6-401 through 45-6-417 NMSA 1978 (2014). This updated law enhances and adds clarity to the previous transfer on death statute already in force in the state.
Real estate owners who record a transfer on death deed (TODD) under the URPTODA retain the ability to revoke the recorded conveyance. These deeds offer a potential future interest but no guarantee of anything; the beneficiary only gains title to the property rights present when the owner dies.
Why does revocability matter? Life is unpredictable. For example, the original beneficiary may become unable or unwilling to accept the property. Marriage or divorce could alter the nature of the relationship between the owner and the intended recipient. The owner/transferor might decide to use the land another way. Regardless of the reason, the ability to cancel or modify a recorded TODD without involving the courts or restructuring their entire estate plan lets owners resolve unexpected issues in a relatively simple way.
There are three primary methods for revoking a transfer on death deed, as defined in the New Mexico Statutes at 45-6-411.
The named transferor may execute and record:
1. a statutory revocation form;
2. a new transfer on death deed that revokes all or part of a previously recorded TODD; or
3. an inter vivos deed (such as a warranty or quitclaim deed) that expressly revokes all or part of a previously recorded TODD.
Timely recording is essential for all documents dealing with ownership of real property, but it is even more important for documents associated with transfers at death. Just as with a TODD, the revocation must be recorded during the owner's life in the office of the clerk for the county in which the deed is recorded or it has no effect.
In addition to the reasons discussed above, consider filing a revocation form prior to selling real estate previously identified in a recorded transfer on death deed. Documenting the change helps to maintain a clear chain of title (ownership history) by closing out what might otherwise look like a potential claim against the property. A clear chain of title makes future transactions involving the property less complicated.
The right to revoke or modify a recorded transfer on death deed adds flexibility to a comprehensive estate plan. Executing and recording a statutory revocation form allows owners of New Mexico real estate to control the distribution of their property at death without the need for a will or probate. Each circumstance is unique, so contact an attorney with specific questions or for complex situations.
Get your Hidalgo County Transfer on Death Revocation 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.
The documents you receive here will meet, or exceed, the Hidalgo 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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