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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 Monday March 22, 2021

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What others like you are saying:


Steve W. said: Perfect

Reply from Staff: Thank you!


Dennis S. said: I am still working on the forms. I am having problems doing the forms as you can only save as pdf and it is difficult to change or modify the pdf. You have to purchase a pdf convertor program. but all seems to be there to do the deed submittals.

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


karen w. said: outstanding forms and information. stay safe and healthy everyone.

Reply from Staff: Thank you Karen, you do the same please.


Lisa P. said: Wonderful forms. It's nice that they were formatted perfectly for my county, it's real easy to miss a requirement (margines, font size, and so on) and end up with a rejection or higher recording fee. Good job folks!

Reply from Staff: Thank you!


Silvana M. said: This is a great service, I was worried about my NOC and Liens being filed in this terrible time!!! Happy I have this service Deeds.com!!!

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


Robert B. said: Liked the fact that the forms were fill in the blank. Good to have the option of re-doing them if needed, and I needed ;)

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


New Mexico Affidavit of Facts as to Death Form