New Mexico Fiduciary Deed for use by Executors, Trustees, Trustors, Administrators and other Fiduciaries
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FAQ
Overall, New Mexico's statutory transfer on death deed is a flexible estate planning tool that allows owners of real property in the state to convey a potential future interest in real property to one or more beneficiaries.
The court will force the executor to return the property to the estate or pay restitution to the beneficiaries of the estate.The executor cannot transfer estate property to himself because the property belongs to someone else unless he pays the full price for it.
New Mexico is one of the states with the Uniform Probate Code, which means there's a standard set of rules that applies to New Mexico and other states. Probate proceedings are usually only required if the deceased person owned any assets in their name only.
In most states, an executor's deed must be signed by a witness and notarized. An executor's deed should be recorded in the real estate records of the county in which the property being conveyed is located.
During the administration of the estate those Executors who have obtained a Grant of Probate (more of which later) must act jointly. That is to say that they must all agree on a course of action and each sign any documents, etc. Clearly there may be problems if those appointed do not get on.
Executor's Deed: This may be used when a person dies testate (with a will). The estate's executor will dispose of the decedent's assets and an executor's deed may be used to convey the title or real property to the grantee.
Once the COURT appoints you as executor, you will record an affidavit of death of joint tenant to get your mother's name of the property. Then, when you get an order for final distribution, you will record a certified copy to get the property into the names of the beneficiaries under the will.
