New Mexico Forms

Los Alamos County Transfer of Homestead Affidavit Form

Los Alamos County Transfer of Homestead Affidavit Form

Los Alamos County Transfer of Homestead Affidavit Form

Fill in the blank form formatted to comply with all recording and content requirements.

Document Last Validated 6/13/2025
Los Alamos County Transfer of Homestead Affidavit Guide

Los Alamos County Transfer of Homestead Affidavit Guide

Line by line guide explaining every blank on the form.

Document Last Validated 5/14/2025
Los Alamos County Completed Example of the Transfer of Homestead Affidavit Docuement

Los Alamos County Completed Example of the Transfer of Homestead Affidavit Docuement

Example of a properly completed form for reference.

Document Last Validated 2/24/2025

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

Immediate Download • Secure Checkout

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

Where to Record Your Documents

Los Alamos County Clerk
Address:
1000 Central Ave, Suite 240
Los Alamos, New Mexico 87544

Hours: 8:00 to 5:00 M-F

Phone: (505) 662-8010

Recording Tips for Los Alamos County:
  • Bring your driver's license or state-issued photo ID
  • Verify all names are spelled correctly before recording
  • Check that your notary's commission hasn't expired
  • Recorded documents become public record - avoid including SSNs
  • Bring extra funds - fees can vary by document type and page count

Cities and Jurisdictions in Los Alamos County

Properties in any of these areas use Los Alamos County forms:

  • Los Alamos

View Complete Recorder Office Guide

Hours, fees, requirements, and more for Los Alamos County

How do I get my forms?

Forms are available for immediate download after payment. The Los Alamos 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 Los Alamos County?

Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Los Alamos 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 Los Alamos 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 Los Alamos County?

Recording fees in Los Alamos County vary. Contact the recorder's office at (505) 662-8010 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 Los Alamos County to use these forms. Documents should be recorded at the office below.

This Transfer of Homestead Affidavit meets all recording requirements specific to Los Alamos County.

Our Promise

The documents you receive here will meet, or exceed, the Los Alamos 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 Los Alamos 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 - ( 4582 Reviews )

Charles W.

July 7th, 2019

I was vey pleased with this service. It offered all of the necessary step by step information guides for completing the forms. Again, thank you!

Reply from Staff

We appreciate your business and value your feedback. Thank you. Have a wonderful day!

Margaret S.

August 2nd, 2021

Very nice. easy to use and not too expensive.

Reply from Staff

Thank you!

Bob B.

September 14th, 2021

Good so far. Will be great if you get the deed recorded.

Reply from Staff

Thank you!

Brenda W.

June 30th, 2021

Good.

Reply from Staff

Thank you for your feedback. We really appreciate it. Have a great day!

Shelly D.

March 13th, 2020

Excellent

Reply from Staff

Thank you!

Nicole P.

February 13th, 2021

The forms are great. I kinda expected the guide to be bigger, maybe have some more information. Overall I'm satisfied thus far.

Reply from Staff

Thank you!

Catherine B.

June 12th, 2024

Wow absolutely amazing service. So quick and easy and makes what would be such a hassel a piece of cake. Outstanding value for money way cheaper than I expected. Will use again and highly recommend.

Reply from Staff

Your appreciative words mean the world to us. Thank you.

Stacie S.

June 26th, 2020

This process was very simple once I got the form right! I would definitely utilize this system in the future if I needed to.

Reply from Staff

We appreciate your business and value your feedback. Thank you. Have a wonderful day!

VICTOR S.

November 16th, 2019

Wow! Nice and easy!

Reply from Staff

Thank you!

Linda M.

October 23rd, 2019

Happy with the forms and the service, would recommend to others.

Reply from Staff

We appreciate your business and value your feedback. Thank you. Have a wonderful day!

Robert T.

January 2nd, 2019

Perfect. Downloaded the forms with no issues, filled them out, had them notarized and recorded all in just a few hours (most of that time was spent at the recorder's office). Highly recommend.

Reply from Staff

Thank you for your feedback. We really appreciate it. Have a great day!

charles g.

December 2nd, 2019

very good forms. they covered everything i needed.

Reply from Staff

Thanks Charles, we really appreciate your feedback. Have a great day!

Jeffrey G.

March 9th, 2023

Transaction went smoothly. The forms in the package were just what was needed.

Reply from Staff

Thank you for your feedback. We really appreciate it. Have a great day!

John H.

August 1st, 2019

Great service

Reply from Staff

Thank you!

Rita M.

January 12th, 2019

Forget what I just wrote! I found it. Thank You! This is a very convenient service.

Reply from Staff

That's great to hear Rita, thanks for following up.