Will.com / Living trust / New Mexico
NM · Revocable Living Trust
Make your New Mexico living trust.
Skip probate, keep your estate private, and stay in control while you're alive. Legally valid in New Mexico. Free to create, or add secure online document storage with the $29/year subscription.
New Mexico living trust requirements
Special notes for New Mexico
- Married couples may consider a joint community property trust
How it works
- 1
Answer a few questions
About your assets, trustees, and beneficiaries.
- 2
Download your trust
A complete, personalized revocable living trust, formatted for New Mexico.
- 3
Sign and fund
Sign the trust. Fund it by transferring assets into its name (notarization strongly recommended if real estate is involved).
Joint or individual
Married couples can make one joint New Mexico living trust that both spouses sign, in place of an individual one. The questionnaire asks which you want, and Will.com generates either.
Signing a New Mexico living trust
No formal execution requirements beyond settlor signature; notarization strongly recommended when funding real property
Proving your New Mexico trust without handing it over
When a bank, brokerage, title company, insurer, or transfer agent asks to see your trust, New Mexico law lets your trustee give them a short certification of trust instead (N.M. Stat. §46A-10-1013). It states that the trust exists, who the trustee is, and what the trustee may do. It leaves out who inherits and what each person receives, so your beneficiaries stay private.
Will.com generates the New Mexico Certification of Trust alongside your trust, built to the contents that section requires. Sign it in front of the same notary, at the same sitting as the trust, then give out copies of the certification rather than the trust itself.
Community property in New Mexico
New Mexico is a community-property state under N.M. Stat. §40-3-8 et seq.. Assets you and your spouse acquire during the marriage are presumed to be community property, owned 50/50, regardless of whose name is on the title. Adds an Article VII: Community Property Provisions covering classification of community vs. separate property, the surviving spouse's one-half interest, federal IRC §1014(b)(6) double-stepped-up basis, and record-keeping for traced contributions.
When you fund a revocable trust with community property, both spouses should sign as settlors so the character of the property doesn't change.
Funding New Mexico real estate into the trust
To transfer New Mexico real estate into your trust, you sign a new deed conveying the property from yourself to yourself as trustee, then record the deed with the County Clerk of the county where the property is located (N.M. Stat. §14-9-1). The trust does not control real estate unless the deed transfer is recorded.
Two tiers, both private
Free: nothing leaves your browser. No account, no storage. Clear your answers whenever.
Subscription ($29/year): zero-knowledge encrypted storage. We store the ciphertext; only you hold the key. Edit and update as life changes.
Ready to create your trust?
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