Luna County Affidavit of Facts as to Death Form (New Mexico)

All Luna County specific forms and documents listed below are included in your immediate download package:

Affidavit of Facts Form

Luna County Affidavit of Facts Form

Fill in the blank form formatted to comply with all recording and content requirements.
Included Luna County compliant document last validated/updated 6/4/2024

Affidavit of Facts Guide

Luna County Affidavit of Facts Guide

Line by line guide explaining every blank on the form.
Included Luna County compliant document last validated/updated 6/28/2024

Completed Example of the Affidavit of Facts Document

Luna County Completed Example of the Affidavit of Facts Document

Example of a properly completed form for reference.
Included Luna County compliant document last validated/updated 2/8/2024

When using these Affidavit of Facts as to Death forms, the subject real estate must be physically located in Luna County. The executed documents should then be recorded in the following office:

Luna County Clerk

700 South Silver / PO Box 1838, Deming, New Mexico 88031

Hours: 8:00 to 4:30 Monday through Friday

Phone: (575) 546-0491

Local jurisdictions located in Luna County include:

  • Columbus
  • Deming

How long does it take to get my forms?

Forms are available immediately after submitting payment.

How do I get my forms, are they emailed?

Immediately after you submit payment, the Luna 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 provided to you. If you encounter any issues accessing your forms, please reach out to our support team for assistance. Forms are NOT emailed to you.

What does "validated/updated" mean?

This indicates the most recent date when at least one of the following occurred:

  • Updated: The document was updated or changed to remain compliant.
  • Validated: The document was examined by an attorney or staff, or it was successfully recorded in Luna County using our eRecording service.
Are these forms guaranteed to be recordable in Luna County?

Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Luna County including margin requirements, content requirements, font and font size requirements.

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 Luna County that you need to transfer you would only need to order our forms once for all of your properties in Luna County.

What are supplemental forms?

Often when a deed is recorded, additional documents are required by New Mexico or Luna 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.

What type of files are the forms?

All of our Luna 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.

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.

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.

Are there any recurring fees involved?

No. Nothing to cancel, no memberships, no recurring fees.

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 Luna 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 Luna 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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Lisa C.

October 7th, 2020

Please change on the example for the warranty deed the portion that says Source of Title:
They don't use book and pages anymore They only use recording numbers. Please show an example with that for Maricopa County AZ

Plus your Notary certificates should have a blank part for if it is signed in another state.

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Lorna D.

September 12th, 2020

Haven't used the form yet. But hopefully it's the correct one.

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Amy C.

September 23rd, 2020

Easy enough to use the forms. Will probably get them reviewed before recording just to be sure.

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January 30th, 2020

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December 2nd, 2022

easy access and easy to find what I was looking for. Thank you

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January 31st, 2019

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November 23rd, 2020

Clear and easy instructions! Prompt notices of steps and status. Great job! I wish all counties in all states were this easy!

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