[NM] [NM] How do I transfer an estate property into a different name?
I am the sole beneficiary of my brother’s estate and have been made personal representative through probate. I’m being told I need a Personal Representative Deed to transfer the house into my name. I already have a general warranty deed, a quitclaim deed, and the testamentary papers. Is this true, and what else do I need?
11
2
Solved
– Yes, New Mexico requires the PR to execute a Personal Representative’s Deed to transfer real property from the estate to the beneficiary (NMSA 1978, § 45-3-703).
– Warranty or quitclaim deeds alone do not complete an estate transfer unless executed as PR and recorded properly.
– PR deed must reference your authority, the legal description, be notarized, and recorded in the county where the property is located.
– If the name on the title is your father’s old name, attach proof of the name change (NMSA 1978, § 14-9-1 et seq.).
– Confirm whether the property actually belongs to your brother’s estate or needs probate of your father’s estate instead (NMSA 1978, § 45-3-103).
0
Full Conversation
I am the sole beneficiary of my brother’s estate and have been made personal representative through probate. I’m being told I need a Personal Representative Deed to transfer the house into my name. I already have a general warranty deed, a quitclaim deed, and the testamentary papers. Is this true, and what else do I need?
Have you filed the probate papers with the court?
Yes, I have received the testamentary papers.
Are there any other assets or debts in the estate?
None.
Anything else the lawyer should know?
The estate is in my father’s last name, but he changed his name back to his birthright name and didn’t change the title before he died. I have all name change paperwork.
Where are you located?
New Mexico — Sandoval County. I’m the sole beneficiary and PR. I’m told I must file a Personal Representative Deed. I already have a general warranty deed and a quitclaim deed. Is this true?
– Yes, New Mexico requires the PR to execute a Personal Representative’s Deed to transfer real property from the estate to the beneficiary (NMSA 1978, § 45-3-703).
– Warranty or quitclaim deeds alone do not complete an estate transfer unless executed as PR and recorded properly.
– PR deed must reference your authority, the legal description, be notarized, and recorded in the county where the property is located.
– If the name on the title is your father’s old name, attach proof of the name change (NMSA 1978, § 14-9-1 et seq.).
– Confirm whether the property actually belongs to your brother’s estate or needs probate of your father’s estate instead (NMSA 1978, § 45-3-103).
Take care, I wish you the best.
Brandon
16,155 satisfied customers
5 lawyers online now
14
4
Answered 7 days ago
Disclaimer
By messaging AskaLawyer.com, you agree to our Terms and have read our Privacy Policy.
The information provided on AskaLawyer.com is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and timeliness of the information presented, we make no guarantees regarding its completeness or applicability to your specific circumstances.
Use of this website does not create an attorney-client relationship between you and AskaLawyer.com or any of its attorneys. Communications through this website, including any responses from attorneys, are not privileged or confidential. For advice tailored to your individual situation, we recommend consulting a licensed attorney in your jurisdiction.
AskaLawyer.com disclaims any liability for actions taken or not taken based on the content of this site. We are not responsible for any third-party content that may be accessed through this website. Reliance on any information provided herein is solely at your own risk.
