New Mexico Affidavit of Deceased Joint Tenant

County Specific Legal Forms Validated as recently as June 10, 2026 by our Forms Development Team

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About the New Mexico Affidavit of Deceased Joint Tenant

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How to Use This Form

Select your county from the list on the left
Download the county-specific form
Fill in the required information
Have the document notarized if required
Record with your county recorder's office

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Removing a Deceased Joint Tenant from a New Mexico Real Estate Title

New Mexico's statutes define joint tenancy at 47-1-36. This law states that a "joint tenancy in real property is one owned by two or more persons, each owning the whole and an equal undivided share, by a title created by a single devise or conveyance, when expressly declared . . . to be a joint tenancy." Property titled in this manner cannot be passed in a will; instead, a deceased joint tenant's share is distributed equally amongst the survivors as a function of law until only one person holds the property in sole ownership.

While technically accurate, this description oversimplifies the situation. What happens when it's time to sell the property? Unless the local recording office cross-references death notices with real estate records, the deceased owner's name still appears on the title. This inaccuracy can create confusion during a title search and slow down the transfer process. In addition, outdated ownership information might interfere with property tax billing, which could lead to unnecessary fees and/or penalties.

The surviving owner(s) may prevent these potential issues with a simple step: when one joint tenant dies, the other(s) can execute and record an affidavit of facts as to death with the local recording office. It is possible to address this at the time of sale, but it makes sense to handle it within a short time after the owner's death because the necessary documentation is more likely to be easily accessible. This action keeps property records up-to-date, verifies the owner's interest and rights to the title, and ensures smoother transfers in the future.

Each circumstance is unique, so please contact an attorney with questions or for complex situations.

(New Mexico Affidavit of DJT Package includes form, guidelines, and completed example)

How to Use This Form

Select your county from the list above
Download the county-specific form
Fill in the required information
Have the document notarized if required
Record with your county recorder's office

What Others Like You Are Saying

— Carlin L.

"I have yet to have my Certification of Trust notarized nor have I gone to my bank to see if it's acc…"

— Edward B.

"Thank you for the rapid response. I shall persevere in my search using other public records. I shall…"

— Helen B.

"Very Good!"

— Sharon B.

"Easy to use, download, . Would use again."

— Susan V.

"With a little assist from the customer service department-- who was extremely nice and professional-…"

Common Uses for Affidavit of Deceased Joint Tenant

Clear title defects caused by a missing death record
Satisfy lender requirements after a co-borrower's death
Establish the identity of the surviving property owner
Record evidence of a property owner's passing with the county
Document survivorship rights for jointly held property
Document succession of interest in community property

Compare other New Mexico deed forms and documents

Quitclaim Deed Gift Deed Warranty Deed Special Warranty Deed Grant Deed Correction Deed Easement Deed Termination of Easement Mortgage Secured by Promissory Note Assignment of Mortgage Release of Mortgage Deed of Trust and Promissory Note Assignment of Deed of Trust Release of Deed of Trust Contract for Deed Personal Representative Deed Transfer on Death Deed Transfer on Death Revocation Affidavit of Facts as to Death Notice of Administration Transfer of Homestead Affidavit Mineral Deed Mineral Deed with Quitclaim Covenants Notice of Lis Pendens Release of Lis Pendens Disclaimer of Interest Certificate of Trust

Important: County-Specific Forms

Our affidavit of deceased joint tenant forms are specifically formatted for each county in New Mexico.

After selecting your county, you'll receive forms that meet all local recording requirements, ensuring your documents will be accepted without delays or rejection fees.

Back to New Mexico Forms