Bernalillo County Affidavit of Facts as to Death Form

Last validated June 18, 2026 by our Forms Development Team

Bernalillo County Affidavit of Facts as to Death Form

Bernalillo County Affidavit of Facts as to Death Form

Fill in the blank Affidavit of Facts as to Death form formatted to comply with all New Mexico recording and content requirements.

Document Last Validated 6/18/2026
Bernalillo County Affidavit of Facts Guide

Bernalillo County Affidavit of Facts Guide

Line by line guide explaining every blank on the form.

Document Last Validated 5/28/2026
Bernalillo County Completed Example of the Affidavit of Facts Document

Bernalillo County Completed Example of the Affidavit of Facts Document

Example of a properly completed form for reference.

Document Last Validated 5/15/2026

All 3 documents above included • One-time purchase • No recurring fees

Immediate Download • Secure Checkout

Important: Your property must be located in Bernalillo County to use these forms. Documents should be recorded at the office below.

Where to Record Your Documents

Bernalillo County Clerk

Address:
One Civic Plaza NW, 6th floor / PO Box 542
Albuquerque, New Mexico 87102-0542

Hours: 8:00am-5:00pm M-F

Phone: (505) 468-1290

Recording Tips for Bernalillo County:
  • Verify all names are spelled correctly before recording
  • Both spouses typically need to sign if property is jointly owned
  • Leave recording info boxes blank - the office fills these
  • Avoid the last business day of the month when possible
  • Recorded documents become public record - avoid including SSNs

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

View Complete Recorder Office Guide

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 the applicable formatting requirements used for recording in Bernalillo County, including margin requirements, font requirements, and other layout standards. This guarantee applies to formatting, not to the legal sufficiency of information entered by the user or the suitability of a form for a particular transaction.

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 are guaranteed to meet or exceed the applicable Bernalillo County recording format requirements. If there is a rejection caused by our formatting, we will correct the issue or refund your payment. This guarantee applies to document formatting only and does not extend to information entered by the user, the selection of the form, or the legal effect of the completed document.

Save Time and Money

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