New Mexico Forms

Mckinley County Transfer of Homestead Affidavit Form

Mckinley County Transfer of Homestead Affidavit Form

Mckinley 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
Mckinley County Transfer of Homestead Affidavit Guide

Mckinley County Transfer of Homestead Affidavit Guide

Line by line guide explaining every blank on the form.

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

Mckinley 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 Mckinley County to use these forms. Documents should be recorded at the office below.

Where to Record Your Documents

McKinley County Clerk
Address:
207 West Hill St
Gallup, New Mexico 87301

Hours: 8:30 to 4:00 M-F

Phone: (505) 863-6866

Recording Tips for Mckinley County:
  • Ensure all signatures are in blue or black ink
  • White-out or correction fluid may cause rejection
  • Request a receipt showing your recording numbers
  • Leave recording info boxes blank - the office fills these
  • Bring extra funds - fees can vary by document type and page count

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

View Complete Recorder Office Guide

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 all formatting requirements set forth by Mckinley 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 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!

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 Mckinley County to use these forms. Documents should be recorded at the office below.

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

Our Promise

The documents you receive here will meet, or exceed, the Mckinley 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 Mckinley 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 - ( 4573 Reviews )

Maree W.

August 5th, 2022

I am so impress with the forms that is needed for your state. It makes your task so easy and no worries. This was a big help in taking care of business. Thank you so much.

Reply from Staff

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

John S.

January 9th, 2023

You dont really know what your buying until after you spend the money. Cant use any of them

Reply from Staff

Thank you for your feedback. Best practice is to know what you need before purchasing. Buying legal documents should not be a exploratory endeavor. Your order has been canceled. We do hope that you find something more suitable to your needs elsewhere.

Elizabeth B.

November 22nd, 2020

Very efficient

Reply from Staff

Thank you!

Daniel L.

September 25th, 2023

so far appears to meet my needs!

Reply from Staff

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

Don M.

February 8th, 2023

ONCE A PERSON STARTS THE PROCESS, IT IS QUITE EASY, THE PROCESS THAT IS.

Reply from Staff

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

Suzette H.

October 6th, 2021

helped clarify how process works Thanks

Reply from Staff

Thank you!

Antonia J.

March 26th, 2025

Great Family Planner

Reply from Staff

Thank you!

Charles C.

July 8th, 2021

Easy to use. Good price. I like that it came with instructions and an example.

Reply from Staff

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

Michael F.

May 15th, 2020

VERY EFFICIENT AND PLEASANT.

Reply from Staff

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

Allan A.

June 5th, 2020

Excellent service, communication and done in a timely fashion. Worth the cost for the convenience and safety

Reply from Staff

Thank you!

Angela W.

February 16th, 2022

All went well.

Reply from Staff

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

Michael S.

March 12th, 2021

Well designed easy to use system. Provided all instructions and updates required, as well as catching an extra form required by our county.

Reply from Staff

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

Leatrice K.

February 24th, 2021

I am how simple this site is to use. I am so thankful to be able to do this and not have to worry about traveling downtown. Thank you.

Reply from Staff

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

Johnny H.

September 15th, 2022

The format presented is exactly what is needed to produce a perfect listing in the registry of The Maricopa County Office of the Recorder. Thanks for an effective solution to a very important document.

Reply from Staff

Thank you!

Joshua W.

May 9th, 2021

Very efficient and easy to use, worth the price.

Reply from Staff

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