Hidalgo County Transfer of Homestead Affidavit Form

Hidalgo County Transfer of Homestead Affidavit Form
Fill in the blank form formatted to comply with all recording and content requirements.

Hidalgo County Transfer of Homestead Affidavit Guide
Line by line guide explaining every blank on the form.

Hidalgo County Completed Example of the Transfer of Homestead Affidavit Docuement
Example of a properly completed form for reference.
All 3 documents above included • One-time purchase • No recurring fees
Immediate Download • Secure Checkout
Additional New Mexico and Hidalgo County documents included at no extra charge:
Where to Record Your Documents
Hidalgo County Clerk
Lordsburg, New Mexico 88045
Hours: 9:00 to 5:00 M-F
Phone: (575) 542-9213
Recording Tips for Hidalgo County:
- Documents must be on 8.5 x 11 inch white paper
- Avoid the last business day of the month when possible
- Request a receipt showing your recording numbers
- Multi-page documents may require additional fees per page
Cities and Jurisdictions in Hidalgo County
Properties in any of these areas use Hidalgo County forms:
- Animas
- Lordsburg
- Playas
- Rodeo
Hours, fees, requirements, and more for Hidalgo County
How do I get my forms?
Forms are available for immediate download after payment. The Hidalgo 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 Hidalgo County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Hidalgo 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 Hidalgo 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 Hidalgo County?
Recording fees in Hidalgo County vary. Contact the recorder's office at (575) 542-9213 for current fees.
Questions answered? Let's get started!
Some married people purchase real estate in New Mexico for vacation or investment purposes and title it as the sole and separate property of one spouse. Others identify themselves as husband and wife, but do not specify how they wish to hold title. In many such situations, the death of one spouse initiates a case with the probate court to distribute the decedent's estate according to his/her will. This judicial proceeding might also include transferring ownership of real estate into the living spouse's name.
But what if the deceased spouse died intestate (without a will) or has arranged for all of his/her assets to pass to named beneficiaries using non-probate options such as joint ownership, transfer on death designations, or trusts? If the house qualifies as a <b>homestead</b> and is vested as <b>community property</b>, the remaining spouse might be able to gain full title rights more easily by using a transfer of homestead affidavit.
This affidavit is designed to transfer the entire shared interest to the surviving spouse without the need for probate. In general, the property must meet six conditions to qualify for a transfer of homestead affidavit under Section 45-3-1205:
1. The decedent and the surviving spouse owned New Mexico real estate identified as a homestead.
2. The decedent and the surviving spouse held title to that real estate as community property (See Section 45-2-102.
3. No probate proceeding is required for any other property or assets.
4. All taxes and obligations due from the estate have been settled.
5. The full value of the property as assessed for property taxation purposes does not exceed five hundred thousand dollars ($500,000).
6. At least six months have passed since the deceased spouse's death.
To complete the transfer, the surviving spouse must record the completed, notarized document at the clerk's office for the county where the property is located. In addition to the affidavit, attach certified copies of the deed granting ownership to the married couple (including a legal description of the homestead property), the decedent's will, if any, and the death certificate. Note that some counties in New Mexico refuse to record death certificates because they might contain protected information such as social security numbers, so contact the local recording office to verify their requirements.
Important terms:
A homestead, or family home, is the principal place of residence of the deceased or surviving spouse. It includes the house, associated buildings on the property, and enough land to support reasonable access and use. See Section 45-3-1205(C) NMSA 1978.
Community property as defined in Section 40-3-8 is a vesting option that is only available to married couples. Property acquired during marriage, by either or both spouses, is assumed to be community property unless specifically identified as separate property. Deeded property acquired by the couple, whether as tenants in common or as joint tenants or otherwise, is presumed to be held as community property.
This discussion is provided as general information. Please contact an attorney for assistance with specific questions or complex situations.
(New Mexico TOHA Package includes form, guidelines, and completed example)
Important: Your property must be located in Hidalgo County to use these forms. Documents should be recorded at the office below.
This Transfer of Homestead Affidavit meets all recording requirements specific to Hidalgo County.
Our Promise
The documents you receive here will meet, or exceed, the Hidalgo 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 Hidalgo County Transfer of Homestead Affidavit 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.
4.8 out of 5 - ( 4578 Reviews )
Brett B.
July 12th, 2022
easy to use
Thank you!
Sandra W.
April 7th, 2019
I think this is going to be a very resourceful website, really have not had a chance to fully navigate yet. I look forward to accessing more.
Thank you!
Emmy M.
August 20th, 2020
I loved using this process to record my deeds. it was fast and everytime I sent a message I received a response very quickly. I am so glad they have this option. for the extra $15 to have the convenience to do it from home and not worry about finding parking, etc. so well worth it!
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
Mary Ann H.
February 4th, 2021
The Deeds.com website was clear and easy to follow. I completed it about 20 minutes. I appreciate the convenience of doing it from home and that I will receive a copy by mail.
Thank you for your feedback. We really appreciate it. Have a great day!
Elaine E. W.
February 13th, 2021
Your product package was thorough and I am the one who does not know how to use or begin to be interactive with a computer. I wish I had learned long ago....ok your directions appear to be clear but when you are not familiar to the words.....it can and is difficult.....I downloaded the forms and completed them by hand/pen.....I just hope it will be acceptable to the recorder....Thank you
Thank you for your feedback. We really appreciate it. Have a great day!
Michael W.
April 15th, 2020
I am generally pleased with your products. However, I found it difficult to return to the package after accessing one selected document. One other comment: Your Trustee's Deed package should include a Certificate of Trust form.
Thank you for your feedback. We really appreciate it. Have a great day!
Beaugwynn Wigley S.
October 26th, 2021
Thanks so much for all your help! That was painless.
Thank you!
Christopher S.
October 5th, 2024
very easy to use, and comprehensive...I like the e-recording package
We are grateful for your feedback and looking forward to serving you again. Thank you!
samantha b.
February 18th, 2019
excellent instructions and the examples made completing the forms so very simple. thanks so much.
Thank you Samantha.
David O.
March 5th, 2024
I had overwhelming emotions taking my deceased wife's name off my condo, so it took me a year to steel myself to submit the form. I filed in Multnomah county, OR which also requires a cover sheet documented here: https://www.multco.us/recording/recording-requirements But, I'm totally happy with the service and quality from Deeds.com getting me what I needed to get this done.
Your feedback is greatly appreciated. Thank you for taking the time to share your experience!
Jane R.
November 17th, 2019
Forms were easy to complete and print.
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
Keith H.
May 18th, 2021
These forms were helpful and comprehensive. Thank you.
Thank you for your feedback. We really appreciate it. Have a great day!
Linda F.
August 1st, 2025
I can't recommend working with Deeds.com enough. I had been given incorrect information from another document service. The helpful staff member at Deeds.com that assisted in the submission of the recording was exceptionally helpful in making sure what I was submitting included the necessary elements required by the county. I am very thankful I chose Deeds.com for my eRecording service. Thank you!!
Thank you, Linda! We’re so glad our team could assist in making sure your submission met the county’s requirements. It means a lot that you chose Deeds.com after a frustrating experience elsewhere. We appreciate your trust and kind words!
Melody L.
November 8th, 2020
Beware, you cannot save the information you typed and change it later. It will be a PDF upon saving. So if you need corrections...you have to start all over!
Thank you for your feedback. We really appreciate it. Have a great day!
David G.
April 25th, 2019
Thanks got what I needed
Thank you David, glad to hear that.