Bernalillo County Affidavit of Facts as to Death Forms (New Mexico)
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Form Package
Affidavit of Facts as to Death
State
New Mexico
Area
Bernalillo County
Price
$27.97
Delivery
Immediate Download
Payment Information
Included Forms
All Bernalillo County specific forms and documents listed below are included in your immediate download package:
Affidavit of Facts Form
Fill in the blank form formatted to comply with all recording and content requirements.
Included document last reviewed/updated 3/11/2024
Affidavit of Facts Guide
Line by line guide explaining every blank on the form.
Included document last reviewed/updated 1/2/2024
Completed Example of the Affidavit of Facts Document
Example of a properly completed form for reference.
Included document last reviewed/updated 2/8/2024
Included Supplemental Documents
The following New Mexico and Bernalillo County supplemental forms are included as a courtesy with your order.
Frequently Asked Questions:
How long does it take to get my forms?
Forms are available immediately after submitting payment.
What are supplemental forms?
Often when a deed is recorded, additional documents are required by New Mexico or Bernalillo County. These could be tax related, informational, or even as simple as a coversheet. Supplemental forms are provided for free with your order where available.
How do I get my forms, are they emailed?
Forms are NOT emailed to you. Immediately after you submit payment, the Bernalillo County forms you order will be available for download directly from your account. You can then download the forms to your computer. If you do not already have an account, one will be created for you as part of the order process, and your login details will be sent to you. If you encounter any issues accessing your forms, please reach out to our support team for assistance.
What type of files are the forms?
All of our Bernalillo County Affidavit of Facts as to Death forms are PDFs. You will need to have or get Adobe Reader to use our forms. Adobe Reader is free software that most computers already have installed.
Can the Affidavit of Facts as to Death forms be re-used?
Yes. You can re-use the forms for your personal use. For example, if you have more than one property in Bernalillo County that you need to transfer you would only need to order our forms once for all of your properties in Bernalillo County.
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.
Do I have to enter all of my property information online?
No. The blank forms are downloaded to your computer and you fill them out there, at your convenience.
Can I save the completed form, email it to someone?
Yes, you can save your deed form at any point with your information in it. The forms can also be emailed, blank or complete, as attachments.
Do I need any special software to use these forms?
You will need to have Adobe Reader installed on your computer to use our forms. Adobe Reader is free software that most computers already have installed.
Are there any recurring fees involved?
No. Nothing to cancel, no memberships, no recurring fees.
Areas Covered by These Affidavit of Facts as to Death Forms:
- Bernalillo County
Including:
- Albuquerque
- Cedar Crest
- Isleta
- Kirtland Afb
- Sandia Park
- Tijeras
What is the 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.
(New Mexico Affidavit Package includes form, guidelines, and completed example)
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
Get your Bernalillo County Affidavit of Facts as to Death form done right the first time with Deeds.com Uniform Conveyancing Blanks. At Deeds.com, we understand that your time and money are valuable resources, and we don't want you to face a penalty fee or rejection imposed by a county recorder for submitting nonstandard documents. We constantly review and update our forms to meet rapidly changing state and county recording requirements for roughly 3,500 counties and local jurisdictions.
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September 4th, 2023
The process for obtaining document itself was easy, and the included guide and example are great! \r\nI do have an issue with the format itself, though. The form has pre-defined text boxes, which cannot be altered without partially rebuilding the entire document. For the \'property description\' field on the Mineral Deed form, the text box is not large enough for the rather lengthy legal description entered on my original plat.\r\nFortunately, I have a copy of Adobe Pro, so I have been able to re-build the doc to accommodate this short-coming.
Thank you for taking the time to provide feedback on our legal form. We're pleased to hear that you found the process for obtaining the document and the included guide beneficial.
We understand and appreciate your concern regarding the formatting and size limitations of certain fields, especially the 'property description' field. Our forms are designed to adhere to specific formatting requirements that are often mandated for legal compliance. Making direct alterations to the document can result in them becoming non-conforming, which is why we advise customers to use an exhibit page when their legal description is extensive or does not fit.
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