Personal Representative's Deed - New Mexico

PERSONAL REPRESENTATIVE'S DEED

State of New Mexico

Recording Requested By:
_____________________________________________

When Recorded Return To:
_____________________________________________
_____________________________________________
_____________________________________________

Property Address:
_____________________________________________

SPACE ABOVE THIS LINE FOR RECORDER'S USE

DOCUMENT INFORMATION

PERSONAL REPRESENTATIVE'S DEED

KNOW ALL PERSONS BY THESE PRESENTS:

This Personal Representative's Deed is made and entered into this _____ day of _________________, 20_____.

ARTICLE I: PARTIES

Section 1.1 Grantor (Personal Representative)

Name of Personal Representative: _____________________________________________

acting solely in the representative capacity as the duly appointed and qualified Personal Representative of the Estate of _________________________, Deceased ("Decedent"), and not individually.

Mailing Address:
_____________________________________________
_____________________________________________

Section 1.2 Grantee(s)

Name(s): _____________________________________________

Mailing Address:
_____________________________________________
_____________________________________________

Vesting:
☐ A single person, as sole and separate property
☐ Husband and wife, as community property
☐ As joint tenants with right of survivorship, and not as tenants in common
☐ As tenants in common
☐ A _________________ [entity type], a _________________ [state] _________________ [entity form]

ARTICLE II: RECITALS — ESTATE AND FIDUCIARY AUTHORITY

Section 2.1 The Estate

The Grantor was duly appointed and qualified as the Personal Representative of the Estate of the Decedent, Letters of appointment were issued as set forth above, and such Letters remain in full force and effect and have not been revoked, terminated, or restricted.

Section 2.2 Authority to Convey

Pursuant to NMSA 1978 Section 45-3-711, a personal representative has the same power over the title to estate property that an absolute owner would have, in trust for the benefit of creditors and others interested in the estate. Pursuant to NMSA 1978 Section 45-3-715(A)(6), the Personal Representative may "acquire or dispose of an asset, including land in New Mexico or another state, for cash or on credit, at public or private sale." Under NMSA 1978 Section 45-3-704, the Personal Representative ordinarily proceeds without adjudication, order, or direction of the district court, except as otherwise specified or ordered for a supervised Personal Representative.

The authority for this conveyance arises from (check all that apply):

☐ The statutory power of the Personal Representative under NMSA 1978 Sections 45-3-711 and 45-3-715(A)(6) (sale of estate real property);

☐ A power of sale granted in the Decedent's Last Will and Testament, informally probated / formally admitted on [__/__/____];

☐ A deed of distribution in kind to a distributee under NMSA 1978 Section 45-3-907;

☐ An order of the District Court authorizing this conveyance, entered [__/__/____], Cause No. _________________;

☐ Other authority: _____________________________________________

ARTICLE III: CONVEYANCE

Section 3.1 Granting Clause

For the consideration of $_____________________ (____________________ Dollars) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Grantor, in the representative capacity described above and not individually, hereby GRANTS, ASSIGNS, TRANSFERS, AND CONVEYS to the Grantee, and Grantee's heirs and assigns forever, all the right, title, and interest of the Decedent and of the Estate in and to the real property, together with any improvements thereon, situated in the County of _________________, State of New Mexico, described as follows:

Section 3.2 Legal Description

See Exhibit "A" attached hereto and incorporated herein by reference.

Prior Deed Reference:
Being the same premises conveyed to the Decedent by deed dated _________________, 20_____, and recorded in the Office of the County Clerk of _________________ County, New Mexico, in Book _______, Page _______ (or as Document No. _____________).

also known by street and number as: _____________________________________________

Parcel (UPC) Number: _____________________________________________

ARTICLE IV: NO WARRANTY; FIDUCIARY CAPACITY

Section 4.1 Conveyance Without Warranty

The Grantor, solely in the representative capacity and not individually, conveys the Estate's right, title, and interest in the property without covenant or warranty of title, express or implied. NMSA 1978 Section 45-3-907 requires an instrument or deed of distribution as evidence of a distributee's title when distribution in kind is made; it does not supply special-warranty covenants.

If a sale contract, title commitment, court order, or other governing instrument requires a different deed form or warranty, New Mexico counsel must replace this clause with language grounded in the applicable authority before execution.

Section 4.2 Representative Capacity

NOTICE: This is a PERSONAL REPRESENTATIVE'S DEED. No individual warranty or covenant is made by the person signing in the representative capacity. This clause does not eliminate any liability imposed by law for breach of fiduciary duty, unauthorized conduct, or an individual undertaking.

ARTICLE V: EXCEPTIONS AND RESERVATIONS

Section 5.1 Subject To

This conveyance is made subject to:

(a) General taxes and assessments for the year 20_____ and subsequent years, not yet due and payable;

(b) All applicable zoning, building codes, and governmental regulations;

(c) All covenants, conditions, restrictions, reservations, rights-of-way, and easements of record;

(d) All matters disclosed by an accurate survey and physical inspection of the property;

(e) Rights of parties in possession;

(f) Estate-administration rights and the distribution-abatement priorities in NMSA 1978 Section 45-3-902;

(g) The following specific exceptions:

☐ None

☐ As set forth below:
_____________________________________________
_____________________________________________
_____________________________________________

ARTICLE VI: TRANSFER DECLARATION AND RECORDING COSTS

Section 6.1 Recording Costs and Tax Review

This template does not determine tax consequences or the filing court's and county clerk's current charges. Confirm recording fees, property-tax consequences, federal tax consequences, and any other applicable assessment with the County Clerk, County Assessor, title company, tax professional, and New Mexico counsel.

Section 6.2 Real Property Transfer Declaration Affidavit (NMSA 1978 Section 7-38-12.1)

First determine whether the property is classified as residential property for property-tax purposes. For a covered residential transfer, Section 7-38-12.1(A) requires the transferor, transferee, or an authorized agent to file the approved affidavit with the County Assessor within thirty days after the deed is filed with the County Clerk, unless a subsection D exemption applies.

☐ Nonresidential property — affidavit not required under Section 7-38-12.1(D)(1)

☐ Residential sale with no identified exemption — affidavit will be filed separately with the County Assessor within thirty days

☐ Court-ordered conveyance — exemption under Section 7-38-12.1(D)(6)

☐ Gift or distribution from a decedent's estate or trust — exemption under Section 7-38-12.1(D)(17)

☐ Other subsection D exemption identified by counsel: [________________________________]

Section 6.3 Affidavit Confidentiality

If an affidavit is required and filed, Section 7-38-12.1(C) makes the affidavit and its contents a confidential assessor record. Do not assume that the recorded deed itself is confidential or omit deed information unless current law and recording practice permit the omission.

ARTICLE VII: EXECUTION

Section 7.1 Execution by Personal Representative

IN WITNESS WHEREOF, the Grantor has executed this Personal Representative's Deed, solely in the representative capacity, on the date first written above.

GRANTOR (Personal Representative):

_____________________________________________
Signature

_____________________________________________
Printed Name, as Personal Representative of the Estate of _________________________

Date: _____________________________________________

ARTICLE VIII: ACKNOWLEDGMENT (REPRESENTATIVE CAPACITY)

Section 8.1 New Mexico Acknowledgment

STATE OF NEW MEXICO
COUNTY OF _________________

This instrument was acknowledged before me on this _____ day of _________________, 20_____, by _________________________, as Personal Representative of the Estate of _________________________, Deceased, on behalf of said Estate.

_____________________________________________
Notary Public, State of New Mexico

My Commission Expires: _____________________________________________

[NOTARIAL SEAL]

Section 8.2 Out-of-State Acknowledgment

STATE OF _________________
COUNTY OF _________________

This instrument was acknowledged before me on this _____ day of _________________, 20_____, by _________________________, as Personal Representative of the Estate of _________________________, Deceased, on behalf of said Estate.

_____________________________________________
Notary Public

My Commission Expires: _____________________________________________

[NOTARIAL SEAL]

EXHIBITS

EXHIBIT A — LEGAL DESCRIPTION

Legal Description of Property:

_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________

County of _________________, State of New Mexico

NEW MEXICO RECORDING REQUIREMENTS AND INFORMATION

Recording Requirements

Recording Costs and Tax Review

Confirm current recording costs and all tax consequences with the appropriate officials and advisers; this deed does not calculate them.

Required Accompanying Documents

1. Real Property Transfer Declaration Affidavit — only for a covered residential transfer that is not exempt; file separately with the County Assessor within thirty days after the deed is filed with the County Clerk (NMSA 1978 Section 7-38-12.1).
2. Letters / Order of Appointment — a certified copy or other evidence of the Personal Representative's authority is customarily provided to the title company and may be recorded.

Important Legal Notes

1. No Court Order Generally Required: Under NMSA 1978 Sections 45-3-704, 45-3-711, and 45-3-715, an unsupervised Personal Representative generally acts without a court order, subject to the will, a formal-proceeding order, statutory limitations, fiduciary duties, and the separate rules governing a supervised Personal Representative.

2. Deed of Distribution vs. Sale Deed: Use the "deed of distribution" recital (Section 45-3-907) when conveying in kind to a distributee; use the sale recital (Section 45-3-715(A)(6)) when conveying to a third-party purchaser for value.

3. Vesting and Marital-Property Review: Counsel and the title company must select vesting language based on the grantee's circumstances and current New Mexico property law; this form does not determine marital-property classification.

4. Recording / Priority: NMSA 1978 Section 14-9-1 directs deeds affecting real-estate title to be recorded in the county where the property is situated. Section 14-9-3 protects a good-faith purchaser, mortgagee, or judgment-lien creditor without knowledge from an unrecorded instrument.

5. Title Insurance and Legal Counsel: Grantees should consider title insurance because this form conveys without warranty; consultation with a licensed New Mexico attorney is recommended.

OFFICIAL SOURCES

• NMSA 1978, Chapter 45 — current official compilation
• NMSA 1978, Chapter 14 — current official compilation
• NMSA 1978, Chapter 7 — current official compilation

PREPARED BY:

_____________________________________________
Name

_____________________________________________
Address

_____________________________________________
Phone/Email

This template is provided for informational purposes only and does not constitute legal advice. Consult with a licensed New Mexico attorney before using this form.