Mckinley County Affidavit of Deceased Joint Tenant Form

Mckinley County Affidavit of Deceased Joint Tenant Form
Fill in the blank form formatted to comply with all recording and content requirements.

Mckinley County Affidavit of Deceased Joint Tenant Guide
Line by line guide explaining every blank on the form.

Mckinley County Completed Example of the Affidavit of Deceased Joint Tenant Document
Example of a properly completed form for reference.
All 3 documents above included • One-time purchase • No recurring fees
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Additional New Mexico and Mckinley County documents included at no extra charge:
Where to Record Your Documents
McKinley County Clerk
Gallup, New Mexico 87301
Hours: 8:30 to 4:00 M-F
Phone: (505) 863-6866
Recording Tips for Mckinley County:
- Bring your driver's license or state-issued photo ID
- Ask if they accept credit cards - many offices are cash/check only
- Bring extra funds - fees can vary by document type and page count
- Check margin requirements - usually 1-2 inches at top
- Avoid the last business day of the month when possible
Cities and Jurisdictions in Mckinley County
Properties in any of these areas use Mckinley County forms:
- Brimhall
- Church Rock
- Continental Divide
- Crownpoint
- Fort Wingate
- Gallup
- Gamerco
- Jamestown
- Mentmore
- Mexican Springs
- Navajo
- Prewitt
- Ramah
- Rehoboth
- Smith Lake
- Thoreau
- Tohatchi
- Vanderwagen
- Yatahey
- Zuni
Hours, fees, requirements, and more for Mckinley County
How do I get my forms?
Forms are available for immediate download after payment. The Mckinley County forms will be in your account ready to download to your computer. An account is created for you during checkout if you don't have one. Forms are NOT emailed.
Are these forms guaranteed to be recordable in Mckinley County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Mckinley County including margin requirements, content requirements, font and font size requirements.
Can I reuse these forms?
Yes. You can reuse the forms for your personal use. For example, if you have multiple properties in Mckinley County you only need to order once.
What do I need to use these forms?
The forms are PDFs that you fill out on your computer. You'll need Adobe Reader (free software that most computers already have). You do NOT enter your property information online - you download the blank forms and complete them privately on your own computer.
Are there any recurring fees?
No. This is a one-time purchase. Nothing to cancel, no memberships, no recurring fees.
How much does it cost to record in Mckinley County?
Recording fees in Mckinley County vary. Contact the recorder's office at (505) 863-6866 for current fees.
Questions answered? Let's get started!
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)
Important: Your property must be located in Mckinley County to use these forms. Documents should be recorded at the office below.
This Affidavit of Deceased Joint Tenant meets all recording requirements specific to Mckinley County.
Our Promise
The documents you receive here will meet, or exceed, the Mckinley County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.
Save Time and Money
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April 24th, 2019
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