DEEDS:   If you own land in New Mexico, the title is in your name, and you wish to transfer the land to another person, in most situations, the transfer can be by deed.   Here are some examples:

1. The deed is in your name and your spouse's name.   You and your spouse desire to transfer the property into a trust.   Most likely, this can be done by a deed.
2. The deed is in your name and you want to add an adult child as a joint owner of the land.   Most likely, this can be done by a deed transferring the property from you to you and your child in joint tenancy.
3. Occasionally a deed may not be required.   For example, if the property is owned in joint tenancy and one of the property owners dies, the surviving property owner does not need a deed.   The surviving property owner needs only to record a certified copy of the death certificate by submitting the certified copy; the appropriate filing fee; and a self-addressed, stamped envelope to the county clerk’s office where the property is located.   The county clerk will return the recorded certified copy of the death certificate to the property owner in the self-addressed, stamped envelope.

However, every situation is governed by your particular set of facts. I will need to discuss your situation with you to determine if the land can be transferred by deed.

PROBATES:   If all of the owners of the land are deceased, or there is a deceased tenant in common, a probate in New Mexico will need to be filed.   However, depending upon the facts of the case, there are different types of probates.   Here are some examples:

1. If the deceased person was a resident of another state, dies in his or her resident state, and a probate was opened in the resident state, an ancillary probate will need to be opened in New Mexico.
2. If the deceased person did not have a probate in his or her resident state for any reason, but owns land in New Mexico, a probate will need to be opened in New Mexico.
3. The form of the probate will vary depending upon whether the deceased property owner did or did not have a will.   If the deceased property owner had a will, an informal probate can be opened.   If the deceased property owner did not have a will and therefore died intestate, a formal probate will be required.

Again, every situation is governed by your particular set of facts.   I will need to discuss your situation with you to determine what type of probate needs to be done.

QUIET TITLE ACTIONS:   Sometimes a quiet title action may need to be filed in order to transfer unencumbered title to the land.   Some examples when a quiet title action may be appropriate because title may have become clouded:

1. The manner in which property has been transferred in the past.
2. The recorded owners have not been changed through probate over the generations.
3. Liens have been placed on the property.

However, once again, every situation is governed by your particular set of facts.   I will need to discuss your situation with you to determine if a quiet title action is required.