New Mexico's small-estate route for a vehicle: when an owner dies leaving no will - or a will nobody has probated - a claiming successor can take title on this one notarized affidavit instead of a court process. The form prints its four statutory conditions in its own capitals: the entire estate, less liens and encumbrances, is not worth over $50,000; thirty days have elapsed since the death; no personal-representative appointment is pending or granted anywhere; and the claiming successor is entitled to the transfer. It also carries a full odometer disclosure - the modern four-box version, Exempt (EX) included.
Step 1 · the form itself
Blank MVD-10013 — Affidavit of Claiming Successor
PDF at realfile.tax.newmexico.gov · new tab
View the blank MVD-10013
Step 2 · how to fill it in
Our filled-in MVD-10013 guide
PDF · 2 pages · 510 KB · new tab
See our filled-in example
Two documents, and they are not the same thing. Take the blank MVD-10013 from the realfile.tax.newmexico.gov copy so you get the revision that is current today, then print our MVD-10013 guide and keep it beside you while you fill theirs in.
Written against MVD-10013 (Rev 06/24), issued under NMSA 1978 §§45-3-1201 and 66-3-105(C). This affidavit and the transfer-without-probate certificate are parallel doors into the same room - the successor route needs the estate under its cap, the heir-or-spouse route needs entitlement by operation of law. Read both pages before swearing either; picking the wrong one wastes a notary visit, and the conditions you certify differ between them.
Last updated .
This is the actual MVD-10013, rendered from the PDF the New Mexico Taxation and Revenue Department, Motor Vehicle Division publishes and completed end to end: letterhead, every field, and the blocks at the foot.
Click or tap the picture to open it full size.
Download or print this example PDF · 2 pages · 510 KB
The claiming successor and the registered owner, printed - the affidavit connects one to the other.
Watch out: The registered owner's name should match the title exactly; the succession is to that record, spelling and all.
Year, make, model, VIN and plate, from the certificate if it can be found.
Watch out: If the certificate is lost, note the duplicate route exists for successors - the affidavit plus identification and the death certificate supports it.
Read the dash, enter whole miles, and tick the truthful code - AM if the reading is credible, EX only if the model year genuinely qualifies.
Watch out: The four-box block on this revision includes EX, so a 2010-or-older vehicle is disclosed correctly here even though the everyday forms cannot.
The death date goes into the certification; the conditions beneath it are what your signature swears.
Watch out: Value the estate before you sign, not after - the $50,000 test covers everything the deceased owned, less liens, wherever it is.
Signature and date in the notary's presence, acknowledgement completed, seal applied.
Watch out: Bring the death certificate to the counter as well - the original or a certified copy. The clerk must see it and certify they did; a photocopy alone stalls the transfer.
The successor applies to register and title the vehicle in their own name; only then can it be sold on the ordinary paperwork.
Watch out: Fees still apply, but on a transfer to a beneficiary for no consideration the excise tax does not - the tax waits for the eventual sale to a real buyer.
| On the form | What to put in it |
|---|---|
| NAME OF CLAIMING SUCCESSOR, NAME OF REGISTERED OWNER | The person claiming, and the person who died - printed, one above the other. |
| YEAR, MAKE, MODEL, VEHICLE IDENTIFICATION NUMBER, LICENSE PLATE OR VESSEL NUMBER | The vehicle block, on one rule. |
| Odometer Disclosure Statement | The reading in whole miles - the blank says (NO TENTHS) - then four boxes: THE ACTUAL MILEAGE (AM), MILEAGE IN EXCESS OF MECHANICAL LIMITS (EL), the NM discrepancy warning, and EXEMPT (EX). |
| The certification | I certify that I am the claiming successor of the above registered owner, who died on the ___ day of ___, 20__ - followed by the four numbered statutory conditions. |
| SIGNATURE OF APPLICANT, DATE | The successor's signature under a true-and-correct certification that all statutory requirements have been met. |
| Notary Public block | State of New Mexico, county, the acknowledgement, the notarial official's signature, commission expiry and seal space - with the form's printed insistence that notarization must be by a public notary. |
Every line here was read off MVD-10013 (Rev 06/24) itself — the PDF is here — and off the New Mexico Taxation and Revenue Department, Motor Vehicle Division pages. This is plain-language help with a form, not legal advice, and where our wording and the agency's differ, theirs governs.
If the estate doesn't meet this affidavit's conditions, informal probate is one court route, and our Santa Fe page gives the county probate court's address and open days.
Back to all New Mexico seller paperwork, or what selling a car in New Mexico involves.