You need to continue regular car payments, maintain vehicle registration, and then transfer the car's ownership. You cannot drive the car unless you have proper registration, and penalties will be charged if this is not done on time.
Everything must be done in person in New Mexico. You can find your local office here.
For all cases, when the owner passes away, the vehicle’s registration continues to be valid:
until the end of the current registration period; or
until ownership of the vehicle is transferred (by the personal representative of the deceased owner's estate or the survivor of two joint owners of the vehicle).
The process to transfer the title is different depending on your situation:
If you are the court-appointed personal representative (administrator, executor, executrix), regardless of whether there was a will or not:
Gather:
Certificate of Title – Current
Order Appointing Personal Representative and Acceptance of Appointment of Personal Representative
Issued by the Probate Court or District Court and signed by the Judge, naming the personal representative(s), administrator(s), executor(s) or executrix(es) of the estate; (or) an Order of Appointment for Administrator issued within a tribal jurisdiction and signed by the Tribal Judge
The document must be a certified copy showing that it has been filed with the clerk of the court. In situations where the judge has appointed more than one individual, signatures will be required depending on how appointees are joined (i.e. “and” = all signatures required, “or” = only one signature required).
Bill of Sale – The assignment of Title or Bill of Sale (MVD-10009) properly completed to show transfer to new owner.
Odometer Disclosure Statement (MVD-10187)
Must be provided for all motor vehicles, except off-highway vehicles.
Whoever has the legal ability to transfer title also has the ability to complete the odometer statement, including the ability to assert actual mileage (“to the best of my knowledge”). Accordingly, the court-appointed personal representative may assert actual mileage (AM) as well as other odometer information.
Fees
The personal representative will pay the title but not registration fees.
If the personal representative also registers the vehicle in their name, they may be liable for late registration fees if the vehicle was operated after the registration in the name of the deceased expired.
The Motor Vehicle Excise tax is not due if the applicant is named in the Will as the recipient of the vehicle, or otherwise receives the vehicle, for no consideration, as a beneficiary of the estate.
If there was no will or an unprobated will, there are two options:
For a small estate:
Eligibility:
The value of the entire estate, minus liens and encumbrances, does not exceed $50,000;
30 days have elapsed since the death of the decedent;
No application or petition for the appointment of a personal representative is pending or has been granted in any jurisdiction; and
The claiming successor is entitled to payment or delivery of the property.
There is NO requirement of a relation
Gather:
Certificate of Title - If the Certificate of Title is lost, the claiming successor may apply for a duplicate title. Clerk will process the transaction as a title transfer.
Affidavit of Claiming Successor (MVD-10013)
Original or Certified Copy of Death Certificate or, for military personnel, DD Form 1300 Report of Casualty
Release of Lien, if a lien is reflected
Odometer Disclosure Statement (MVD-10187) – Must be provided for all motor vehicles, except off-highway vehicles.
For a spouse or legal heir without probate
A legal heir or spouse of the deceased owner of a vehicle or vessel may use the Transfer Without Probate process to receive title to the vehicle or vessel.
Eligibility
The vehicle was previously titled in New Mexico
The vehicle or vessel has not been devised by will to anyone else;
No application for petition for the appointment of a personal representative is pending or has been granted in any jurisdiction;
30 days have elapsed since the death of the deceased; and
The applicant is entitled to the vehicle or vessel by operation of law.
Gather:
Certificate of Title - If the Certificate of Title is lost, the heir or spouse may apply for a duplicate title. Clerk will process transaction as a title transfer.
Certificate of Transfer Without Probate (MVD-10011)
Original or Certified Copy of Death Certificate or, for military personnel, DD Form 1300 Report of Casualty
Release of Lien, if a lien is reflected
Odometer Disclosure Statement (MVD-10187) – Must be provided for all motor vehicles, except off-highway vehicles.
Court Adjudication of Probate
When a vehicle owner dies, with or without a will, and the deceased's estate is challenged by an interested party, the Probate Court where the deceased lived will transfer the Adjudication of the Estate to the District Court. The court will then issue a Court Order indicating who will be the recipient of the vehicle(s).
To transfer the ownership of the vehicle pursuant to a Court Order, the Motor Vehicle Division will ONLY accept an original or certified copy of a Court Order.
Gather
Certificate of Title – The current title must be surrendered. In cases where the title is lost, stolen, etc., the recipient may obtain a duplicate title. The transaction shall be processed as a title transfer. Begin the transaction with a vehicle inquiry and print the vehicle record.
Original or Certified Copy of Court Order, which names the recipient of the vehicle AND identifies the vehicle(s) by vehicle identification number (VIN). In cases where the Court Order has an error or errors in the identification of the vehicle(s), the recipient must obtain an Amended Court Order indicating the correct vehicle information.
Release of Lien, if the title shows a lien holder.
Fees– Normal registration and title fees are applicable. If the applicant takes ownership of the vehicle, for no consideration, as a beneficiary of the estate, no excise tax is applicable.
Odometer Disclosure Statement (MVD-10187) – Must be provided for all motor vehicles, except off-highway vehicles.
The recipient of the vehicle must title the vehicle in their name before it can be sold.