New Mexico Statutes
N.M. Stat. § 46A-4-401 (2026)
Methods of creating trust
✓ laws through the 2025 session (retrieved May 2026)
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A trust may be created by:
A. transfer of property to another person as trustee during the settlor's lifetime or by will or other disposition taking effect upon the settlor's death;
B. declaration by the owner of property that the owner holds identifiable property as trustee; or
C. exercise of a power of appointment in favor of a trustee.
History: Laws 2003, ch. 122, § 4-401.
ANNOTATIONS
Effective dates. — Laws 2003, ch. 122, § 11-1106 made the act effective July 1, 2003.
Law reviews. — For article, "The New Mexico Uniform Trust Code," see 34 N.M.L. Rev. 1 (2004).
Notes of Decisions
Cited in 1
case, 2012–2012 · leading case: Karelitz v. UNM, No. 31,235 (N.M. Ct. App. Nov. 28, 2012).
Karelitz v. UNM, No. 31,235 (N.M. Ct. App. Nov. 28, 2012). “356, 357 (1916); see § 46A-4-401 (providing that a trust may be created by a 16 “transfer of property to another person as trustee during the settlor’s lifetime or by will 17 or other disposition taking effect upon the settlor’s death”; “declaration by the owner 18 of property…”
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