Bernalillo County Affidavit of Facts as to Death Form

Bernalillo County Affidavit of Facts Form
Fill in the blank form formatted to comply with all recording and content requirements.

Bernalillo County Affidavit of Facts Guide
Line by line guide explaining every blank on the form.

Bernalillo County Completed Example of the Affidavit of Facts 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 Bernalillo County documents included at no extra charge:
Where to Record Your Documents
Bernalillo County Clerk
Albuquerque, New Mexico 87102-0542
Hours: 8:00am-5:00pm M-F
Phone: (505) 468-1290
Recording Tips for Bernalillo County:
- Documents must be on 8.5 x 11 inch white paper
- Check that your notary's commission hasn't expired
- Request a receipt showing your recording numbers
Cities and Jurisdictions in Bernalillo County
Properties in any of these areas use Bernalillo County forms:
- Albuquerque
- Cedar Crest
- Isleta
- Kirtland Afb
- Sandia Park
- Tijeras
Hours, fees, requirements, and more for Bernalillo County
How do I get my forms?
Forms are available for immediate download after payment. The Bernalillo 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 Bernalillo County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Bernalillo 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 Bernalillo 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 Bernalillo County?
Recording fees in Bernalillo County vary. Contact the recorder's office at (505) 468-1290 for current fees.
Questions answered? Let's get started!
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.
(New Mexico Affidavit Package includes form, guidelines, and completed example)
Important: Your property must be located in Bernalillo County to use these forms. Documents should be recorded at the office below.
This Affidavit of Facts as to Death meets all recording requirements specific to Bernalillo County.
Our Promise
The documents you receive here will meet, or exceed, the Bernalillo 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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March 11th, 2020
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September 4th, 2021
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December 20th, 2019
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July 28th, 2020
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September 2nd, 2020
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December 13th, 2018
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