Revocable Living Trusts in New Mexico
How revocable living trusts work under New Mexico law and the other ways to pass property without probate.
Short answer: New Mexico adopted the Uniform Trust Code (NMSA 1978, Chapter 46A). For trusts created by instruments signed on or after July 1, 2003, the settlor may revoke or amend the trust unless its terms expressly make it irrevocable. NMSA 1978, § 46A-6-602
| Revocable living trust | New Mexico adopted the Uniform Trust Code (NMSA 1978, Chapter 46A). For trusts created by instruments signed on or after July 1, 2003, the settlor may revoke or amend the trust unless its terms expressly make it irrevocable. Only property titled in the trust avoids probate. Re-verified 2026-10-27. Source: NMSA 1978, § 46A-6-602 |
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| Ways to avoid probate | Non-probate options include: transfer on death deeds for real property, recorded with the county clerk before death (NMSA 1978, § 45-6-409); revocable trusts (§ 46A-6-602); the affidavit of successor for personal property when the estate is $50,000 or less (§ 45-3-1201); and the vehicle 'Transfer Without Probate' certificate for a spouse or legal heir (MVD form MVD-10011). Re-verified 2026-10-27. |
More New Mexico estate law
- Medical Power of Attorney in New Mexico
- Small Estate Affidavit in New Mexico
- Power of Attorney in New Mexico
- Quitclaim Deeds and Transferring Property in New Mexico
- Who Inherits If You Die Without a Will in New Mexico
- How to Make a Valid Will in New Mexico
- How Probate Works in New Mexico
- Living Wills and Advance Directives in New Mexico
- Executor Duties in New Mexico
- Letters Testamentary in New Mexico
- Affidavit of Heirship in New Mexico
- How to Avoid Probate in New Mexico
- Transferring a Car After Someone Dies in New Mexico
- All New Mexico wills, probate and estate rules
FAQ
How do living trusts work in New Mexico?
New Mexico adopted the Uniform Trust Code (NMSA 1978, Chapter 46A). For trusts created by instruments signed on or after July 1, 2003, the settlor may revoke or amend the trust unless its terms expressly make it irrevocable. Only property titled in the trust avoids probate.
How can you avoid probate in New Mexico?
Non-probate options include: transfer on death deeds for real property, recorded with the county clerk before death (NMSA 1978, § 45-6-409); revocable trusts (§ 46A-6-602); the affidavit of successor for personal property when the estate is $50,000 or less (§ 45-3-1201); and the vehicle 'Transfer Without Probate' certificate for a spouse or legal heir (MVD form MVD-10011).
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.