Mckinley County Affidavit of Facts as to Death Form
Last validated June 25, 2026 by our Forms Development Team
Mckinley 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.

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

Mckinley 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 Mckinley County documents included at no extra charge:
Where to Record Your Documents
McKinley County Clerk
Gallup, New Mexico 87301
Hours: 8:30 to 4:00 M-F
Phone: (505) 863-6866
Recording Tips for Mckinley County:
- Recording fees may differ from what's posted online - verify current rates
- Make copies of your documents before recording - keep originals safe
- Both spouses typically need to sign if property is jointly owned
- Bring extra funds - fees can vary by document type and page count
- Multi-page documents may require additional fees per page
Cities and Jurisdictions in Mckinley County
Properties in any of these areas use Mckinley County forms:
- Brimhall
- Church Rock
- Continental Divide
- Crownpoint
- Fort Wingate
- Gallup
- Gamerco
- Jamestown
- Mentmore
- Mexican Springs
- Navajo
- Prewitt
- Ramah
- Rehoboth
- Smith Lake
- Thoreau
- Tohatchi
- Vanderwagen
- Yatahey
- Zuni
Hours, fees, requirements, and more for Mckinley County
How do I get my forms?
Forms are available for immediate download after payment. The Mckinley 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 Mckinley County?
Yes. Our form blanks are guaranteed to meet or exceed the applicable formatting requirements used for recording in Mckinley 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 Mckinley 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 Mckinley County?
Recording fees in Mckinley County vary. Contact the recorder's office at (505) 863-6866 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 Mckinley 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 Mckinley County.
Our Promise
The documents you receive here are guaranteed to meet or exceed the applicable Mckinley 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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January 1st, 2019
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