New Mexico living trusts & estate documents

Living trust law in New Mexico

A revocable living trust holds your home, accounts, and other property during your life, you stay in full control as trustee and can change or revoke it any time, then passes it to your beneficiaries without probate when you're gone. In New Mexico, trusts are governed by the New Mexico Uniform Trust Code, NMSA §46A-1-101 et seq..

Avoiding probate in New Mexico

Probate in New Mexico is governed by the New Mexico UPC, NMSA Chapter 45 and handled by the county Probate Court, with formal or contested estates heard in the District Court. See state probate code for administration options.

Collection by affidavit for personal property estates of $50,000 or less. That simplified procedure is set out in NMSA §45-3-1201. Assets held in a funded living trust pass to your beneficiaries without probate, whatever the size of the estate. Many New Mexico homeowners set one up for that reason. New Mexico also authorizes a transfer-on-death deed (N.M. Stat. Ann. § 45-6-401 et seq.) to pass real estate outside probate. A living trust does the same for every asset, not just real estate.

Estate and inheritance tax in New Mexico

New Mexico has no estate or inheritance tax. The separate federal estate tax reaches only estates above $15 million per person (2026, adjusted yearly), so most families never owe it.

Community property in New Mexico

New Mexico is a community property state. Property acquired during marriage is generally community property, and the joint trust's Section 1.03 preserves each asset's character.

Protecting a surviving spouse in New Mexico

New Mexico also sets aside a family allowance of $30,000 for the surviving spouse, or if there is none the decedent's minor and dependent children, exempt from and with priority over all claims against the estate (N.M. Stat. § 45-2-402), and a personal property allowance of up to $15,000 (above any security interests) in household furniture, automobiles, furnishings, appliances and personal effects for the surviving spouse, or if there is none, jointly, the decedent's children who are devisees under the will or entitled to a share under § 45-2-302 or, if there is no will, who are intestate heirs, with priority over all claims against the estate (§ 45-2-403).

Signing your New Mexico documents

1. Sign the living trust. Executed and acknowledged before a notary.
2. Sign the will. Two witnesses; notarized self-proving affidavit included (standalone and pour-over wills).
3. Sign the power of attorney. Sign your Durable Power of Attorney before a Notary Public.
4. Sign the health care documents. Sign and date your Advance Health Care Directive. New Mexico law requires only your signature. The form recommends, but does not require, that two witnesses also sign; if you use witnesses, they sign and date on the witness lines.
5. Follow your package instructions. Your package includes page-by-page signing instructions written for New Mexico. Follow those as the authoritative guide.

Serving all of New Mexico

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