A. Subject to Subsection B of this section, an instrument is effective to revoke a recorded transfer on death deed, or any part of it, only if the instrument: (1) is acknowledged by the transferor after the acknowledgment of the deed being revoked; (2) is recorded before the transferor's death in the public records in the office of the county clerk for the county in which the deed is recorded; and (3) is: (a) a transfer on death deed that revokes the deed or part of the deed expressly or by inconsistency; (b) an instrument of revocation that expressly revokes the deed or part of the deed; or (c) an inter vivos deed that expressly revokes the transfer on death deed or part of the deed. B. If a transfer on death deed is made by more than one transferor: (1) revocation by a transferor does not affect the deed as to the interest of another transferor; and (2) a deed of joint owners is revoked only if it is revoked by all of the living joint owners. C. After a transfer on death deed is recorded, it may not be revoked by a revocatory act on the deed. D. This section does not limit the effect of an inter vivos transfer of the property. int owners. C. After a transfer on death deed is recorded, it may not be revoked by a revocatory act on the deed. D. This section does not limit the effect of an inter vivos transfer of the property. History: 1978 Comp., § 45-6-411, enacted by Laws 2013, ch. 38, § 11. ANNOTATIONSEffective dates. — Laws 2013, ch. 38, § 18 provided that Laws 2013, ch. 38, § 11 was effective January 1, 2014.
New Mexico Legal Code