Bernalillo County Transfer on Death Revocation Form (New Mexico)

All Bernalillo County specific forms and documents listed below are included in your immediate download package:

Transfer on Death Revocation Form

Bernalillo County Transfer on Death Revocation Form

Fill in the blank form formatted to comply with all recording and content requirements.
Included Bernalillo County compliant document last validated/updated 10/22/2024

Transfer on Death Revocation Guide

Bernalillo County Transfer on Death Revocation Guide

Line by line guide explaining every blank on the form.
Included Bernalillo County compliant document last validated/updated 10/8/2024

Completed Example of the Transfer on Death Revocation Document

Bernalillo County Completed Example of the Transfer on Death Revocation Document

Example of a properly completed form for reference.
Included Bernalillo County compliant document last validated/updated 10/31/2024

When using these Transfer on Death Revocation forms, the subject real estate must be physically located in Bernalillo County. The executed documents should then be recorded in the following office:

Bernalillo County Clerk

One Civic Plaza NW, 6th floor / PO Box 542, Albuquerque, New Mexico 87102-0542

Hours: 8:00am-5:00pm M-F

Phone: (505) 468-1290

Local jurisdictions located in Bernalillo County include:

  • Albuquerque
  • Cedar Crest
  • Isleta
  • Kirtland Afb
  • Sandia Park
  • Tijeras

How long does it take to get my forms?

Forms are available immediately after submitting payment.

How do I get my forms, are they emailed?

Immediately after you submit payment, the Bernalillo County forms you order will be available for download directly from your account. You can then download the forms to your computer. If you do not already have an account, one will be created for you as part of the order process, and your login details will be provided to you. If you encounter any issues accessing your forms, please reach out to our support team for assistance. Forms are NOT emailed to you.

What does "validated/updated" mean?

This indicates the most recent date when at least one of the following occurred:

  • Updated: The document was updated or changed to remain compliant.
  • Validated: The document was examined by an attorney or staff, or it was successfully recorded in Bernalillo County using our eRecording service.
Are these forms guaranteed to be recordable in Bernalillo County?

Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Bernalillo County including margin requirements, content requirements, font and font size requirements.

Can the Transfer on Death Revocation forms be re-used?

Yes. You can re-use the forms for your personal use. For example, if you have more than one property in Bernalillo County that you need to transfer you would only need to order our forms once for all of your properties in Bernalillo County.

What are supplemental forms?

Often when a deed is recorded, additional documents are required by New Mexico or Bernalillo County. These could be tax related, informational, or even as simple as a coversheet. Supplemental forms are provided for free with your order where available.

What type of files are the forms?

All of our Bernalillo County Transfer on Death Revocation forms are PDFs. You will need to have or get Adobe Reader to use our forms. Adobe Reader is free software that most computers already have installed.

Do I need any special software to use these forms?

You will need to have Adobe Reader installed on your computer to use our forms. Adobe Reader is free software that most computers already have installed.

Do I have to enter all of my property information online?

No. The blank forms are downloaded to your computer and you fill them out there, at your convenience.

Can I save the completed form, email it to someone?

Yes, you can save your deed form at any point with your information in it. The forms can also be emailed, blank or complete, as attachments.

Are there any recurring fees involved?

No. Nothing to cancel, no memberships, no recurring fees.

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.

(New Mexico Revocation of TOD Package includes form, guidelines, and completed example)

Our Promise

The documents you receive here will meet, or exceed, the Bernalillo County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.

Save Time and Money

Get your Bernalillo 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 and local jurisdictions.

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April 22nd, 2020

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May 12th, 2021

It would be helpful if the numbers on the instruction sheet were on the form. I was confused on page two if the signatures were for witnesses or buyer (grantee).
I do like the form and will use it in the future.

Also page one Grantee's signature only has one line and if there are two buyers need another line.

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April 18th, 2021

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July 11th, 2023

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