Quick answers
Does New Mexico have a state estate tax?
State estate tax: No. The pinned estate-tax dataset (2026.v2) has no row for New Mexico, so it cites no state statute; the state page records no state estate or inheritance tax.
Does New Mexico have an inheritance tax?
Inheritance tax: No. The pinned estate-tax dataset (2026.v2) has no row for New Mexico, so it cites no state statute; the state page records no state estate or inheritance tax.
Can you use a transfer-on-death deed in New Mexico?
Transfer-on-death deed for real estate: Available — Transfer-on-death deed (NMSA 1978 §§ 45-6-401 to 45-6-417 — Uniform Real Property Transfer on Death Act; URPTODA effective Jan. 1, 2014).
What is the Medicaid look-back period in New Mexico?
Look-back period: 60 months for transfers on or after February 8, 2006, measured from the application date when the applicant is institutionalized (New Mexico Administrative Code 8.281.500; Operative institutional-care resource and transfer rule; amendment history through December 1, 2022).
Does New Mexico tax Social Security benefits?
Social Security benefits: pending. Primary-source classification has not yet been completed for this income type.
State estate tax
Estate-tax dataset 2026.v2
- State estate tax
- NoNo dataset row
The pinned estate-tax dataset (2026.v2) has no row for New Mexico, so it cites no state statute; the state page records no state estate or inheritance tax.
· Checked July 20, 2026
Full detail: New Mexico estate and inheritance tax page
Inheritance tax
Estate-tax dataset 2026.v2
- Inheritance tax
- NoNo dataset row
The pinned estate-tax dataset (2026.v2) has no row for New Mexico, so it cites no state statute; the state page records no state estate or inheritance tax.
· Checked July 20, 2026
Full detail: New Mexico estate and inheritance tax page
Transfer-on-death deed
- Transfer-on-death deed for real estate
- Available — Transfer-on-death deedVerified
Source: NMSA 1978 §§ 45-6-401 to 45-6-417 — Uniform Real Property Transfer on Death Act · Effective: URPTODA effective Jan. 1, 2014 · Checked July 26, 2026
- Controlling statute
- N.M. Stat. §§ 45-6-401 to 45-6-417Verified
Source: NMSA 1978 §§ 45-6-401 to 45-6-417 — Uniform Real Property Transfer on Death Act · Effective: URPTODA effective Jan. 1, 2014 · Checked July 26, 2026
Full detail: New Mexico transfer-on-death deed page
Small-estate procedure
- Current rule
- $50,000 net probate estate; personal property after 30 daysVerified
Source: N.M. Stat. Ann. § 45-3-1201 · Effective: current · Checked August 23, 2026
Full detail: New Mexico small-estate procedure page
Medicaid long-term-care eligibility
Medicaid dataset 2026.v16
- Current institutional income limit
- $2,982 per monthVerified
- Applies to: single applicant.
Source: New Mexico Register Vol. XXXVII, Issue 16 (August 25, 2026), amendment to 8.200.520.16 NMAC · Effective: Amendment effective 9/1/2026; rule text: effective January 1, 2026 · Checked November 14, 2026
- Institutional applicant resource limit
- $2,000Verified
- Applies to: single institutional applicant.
Source: New Mexico Administrative Code 8.281.500 · Effective: Operative institutional-care resource and transfer rule; amendment history through December 1, 2022 · Checked November 14, 2026
- Current community-spouse resource allowance
- $32,532 minimum to $162,660 maximum for institutionalization beginning on or after January 1, 2026Verified
- Applies to: institutionalized applicant with a community spouse.
Source: New Mexico Register Vol. XXXVII, Issue 16 (August 25, 2026), amendment to 8.200.510 NMAC (sections 11, 13 and 15) · Effective: Amendment effective 9/1/2026; rule text gives the 2026 figures from January 1, 2026 · Checked November 14, 2026
- Current community-spouse monthly maintenance-needs allowance
- Not yet verified
- Applies to: institutionalized applicant with a community spouse.
The reviewed primary material did not provide a current, effective-dated value or rule for this cell.
· Checked November 14, 2026 · Ask the state agency
- Current home-equity limit
- $752,000Verified
- Applies to: applicant subject to New Mexico's substantial-home-equity rule.
Source: New Mexico Register Vol. XXXVII, Issue 16 (August 25, 2026), amendment to 8.200.510 NMAC (sections 11, 13 and 15) · Effective: Amendment effective 9/1/2026; rule text gives the 2026 figures from January 1, 2026 · Checked November 14, 2026
Full detail: New Mexico Medicaid eligibility page
Medicaid look-back
Medicaid dataset 2026.v16
- Look-back period
- 60 months for transfers on or after February 8, 2006, measured from the application date when the applicant is institutionalizedVerified
Source: New Mexico Administrative Code 8.281.500 · Effective: Operative institutional-care resource and transfer rule; amendment history through December 1, 2022 · Checked November 14, 2026
- Transfer-penalty divisor
- $9,209 per month for applications registered on or after January 1, 2026Verified
Source: New Mexico Register Vol. XXXVII, Issue 16 (August 25, 2026), amendment to 8.200.510 NMAC (sections 11, 13 and 15) · Effective: Amendment effective 9/1/2026; rule text gives the 2026 figures from January 1, 2026 · Checked November 14, 2026
- How the state administers the penalty
- Divide uncompensated value by the current average monthly private-pay nursing-facility cost, retain the rule's fractional-month treatment, and restrict coverage during the resulting penalty period.Verified
Source: New Mexico Administrative Code 8.281.500 · Effective: Operative institutional-care resource and transfer rule; amendment history through December 1, 2022 · Checked November 14, 2026
Full detail: New Mexico Medicaid look-back page
Medicaid estate recovery
Medicaid dataset 2026.v16
- Recovery scope
- Probate-only recovery from property subject to probate or administration under New Mexico's Uniform Probate Code. For recipients age 55 or older it covers nursing-facility, HCBS, and related hospital and prescription services, subject to the rule's exceptions.Verified
Source: New Mexico Administrative Code 8.200.430.19 · Effective: Amended November 1, 2024; ABLE-account exclusion effective July 1, 2024 · Checked September 2, 2026
- Controlling authority
- New Mexico Administrative Code 8.200.430.19Verified
Source: New Mexico Administrative Code 8.200.430.19 · Effective: Amended November 1, 2024; ABLE-account exclusion effective July 1, 2024 · Checked September 2, 2026
- Exemptions and deferrals
- Recovery waits until after a surviving spouse dies and is not made while a child under 21 or blind or disabled survives. The rule also excludes specified Medicare cost-sharing benefits, identified American Indian and Alaska Native property, and ABLE accounts on its stated conditions.Verified
Source: New Mexico Administrative Code 8.200.430.19 · Effective: Amended November 1, 2024; ABLE-account exclusion effective July 1, 2024 · Checked September 2, 2026
- Hardship waiver
- Hardship grounds include serious deprivation or needs-program risk, a sole income-producing asset, a homestead at or below 50% of the county average home price, and other compelling circumstances, with notice and hearing rights.Verified
Source: New Mexico Administrative Code 8.200.430.19 · Effective: Amended November 1, 2024; ABLE-account exclusion effective July 1, 2024 · Checked September 2, 2026
- Lien practice
- Not yet verified
The reviewed primary material did not provide a current, effective-dated value or rule for this cell.
· Checked September 2, 2026 · Ask the state agency
Full detail: New Mexico Medicaid estate-recovery page
State income tax on retirement income
Retirement-income tax dataset 2026.v4
- Social Security benefits
- Pending
Primary-source classification has not yet been completed for this income type.
- Public pensions
- Pending
Primary-source classification has not yet been completed for this income type.
- Private pensions
- Pending
Primary-source classification has not yet been completed for this income type.
- IRA and 401(k) distributions
- Pending
Primary-source classification has not yet been completed for this income type.
- Military retirement pay
- Pending
Primary-source classification has not yet been completed for this income type.
Full detail: Retirement-income tax dataset, all states (JSON)
About this page
This page assembles entries from datasets the site already publishes; it adds no figure of its own. Entries marked “Not yet verified” or “Pending” have no primary-source value in the underlying dataset yet. Rules change, so confirm anything you plan to act on with the source, the state agency, or a licensed attorney.