My Account Deeds.com Real Estate Deeds

New Mexico Affidavit of Facts as to Death

Completing the Transfer under a New Mexico Transfer on Death Deed

In January 2014, New Mexico updated its statutes relating to transfer on death deeds (TODD). This new information is codified at Sections 45-6-401 through 45-6-417 NMSA 1978.

The law for transferors is specific about executing and revoking TODDs, but offers almost no guidance to beneficiaries who wish to accept the real estate after the owner's death. Technically, the transferor's death triggers a change in ownership to the beneficiary, but how does that happen?

One way to formalize the title transfer is to file an <b>affidavit of facts as to death</b>. This document usually contains details about the recorded transfer on death deed as well as identification of the subject property. By submitting the affidavit to the recording office for the county where the land is situated, the beneficiary has protected his/her interest in the real estate and maintained a clear chain of title.

In addition to the affidavit itself, the beneficiary might submit an official copy of both the deceased transferor's death certificate and the recorded transfer on death deed, naming the beneficiary as the intended recipient of the interest in real property. Not all New Mexico counties require these documents; some refuse to accept death certificates for recording at all, citing privacy concerns.

Overall, even though the transfer of title rights to the beneficiary happens as a function of law, it makes sense to formalize it by recording an affidavit of facts as to death. Before submitting the affidavit for entry in the public record, check with the local recording office to verify the correct supporting documentation.

Remember that each circumstance is unique, so contact an attorney with specific questions or for complex situations.

Deeds.com New Mexico Affidavit of Facts as to Death Forms Have Been Updated as Recently as Thursday June 18, 2020

4.8 out of 5 (1566 Reviews)

What others like you are saying:


Pamela P. said: I liked the speed and efficiency of your website.

Reply from Staff: Thank you for your feedback. We really appreciate it. Have a great day!


Roy T. said: Thank you for an easy to use system. I was able to find all the information I needed.

Reply from Staff: We appreciate your business and value your feedback. Thank you. Have a wonderful day!


henry p v. said: The deed easily downloaded. Form fill was smooth. I thought the service was a good value.

Reply from Staff: We appreciate your business and value your feedback. Thank you. Have a wonderful day!


Alma S. said: I like the service very much, it's easy and fast, I'm really happy with the service.

Reply from Staff: Thank you!


Jessi S. said: Delivery of documents was instantaneous once payment is received. Thank you for that. For future clarification to potential users, Deeds.com may want to categorize the type of easement documents that are available. I was needing a 'utility easement' form and received an 'ingress/egress' form. Had I known it was an ingress/egress document, I would not have made the purchase. Outside of this issue, this site is very helpful for the average layperson to hold guardianship over personal interests.

Reply from Staff: Thank you for your feedback. We really appreciate it. Have a great day!


Kimberly H. said: Very fast and easy to use!

Reply from Staff: Thank you Kimberly. Have a fantastic day.


New Mexico Affidavit of Facts as to Death Form