Sierra County Transfer of Homestead Affidavit Form

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

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

Sierra 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
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Additional New Mexico and Sierra County documents included at no extra charge:
Where to Record Your Documents
Sierra County Clerk
Truth or Consequences, New Mexico 87901
Hours: 8:00 to 5:00 M-F
Phone: (575) 894-2840
Recording Tips for Sierra County:
- Ensure all signatures are in blue or black ink
- Bring your driver's license or state-issued photo ID
- Verify all names are spelled correctly before recording
- Make copies of your documents before recording - keep originals safe
- Leave recording info boxes blank - the office fills these
Cities and Jurisdictions in Sierra County
Properties in any of these areas use Sierra County forms:
- Arrey
- Caballo
- Derry
- Elephant Butte
- Hillsboro
- Monticello
- Truth Or Consequences
- Williamsburg
- Winston
Hours, fees, requirements, and more for Sierra County
How do I get my forms?
Forms are available for immediate download after payment. The Sierra 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 Sierra County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Sierra 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 Sierra 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 Sierra County?
Recording fees in Sierra County vary. Contact the recorder's office at (575) 894-2840 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 Sierra County to use these forms. Documents should be recorded at the office below.
This Transfer of Homestead Affidavit meets all recording requirements specific to Sierra County.
Our Promise
The documents you receive here will meet, or exceed, the Sierra 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 Sierra 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.
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April 21st, 2025
always helpful always informative always awesome
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December 14th, 2020
Process of acquiring an account and submitting a document was VERY easy. Failure was on the Recorders office, for not accepting the survey. Cheers.
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Gjnana D.
April 23rd, 2022
These guidelines and form helped me lot in preparing quit deed to add my spouse's name in tittle property
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March 12th, 2022
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November 10th, 2021
Excellent site! Very informative and easy to navigate. I would highly recommend to anyone requiring documents in a quick and through fashion.
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December 24th, 2018
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J O.
July 18th, 2020
It's okay, seems you need to make it easier to search deeds on properties without having to go through a lot of researching issues, make it simple!
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april m.
February 7th, 2019
Could not give me any deed history prior to 1986, when our company bought the property, so this was a bust.
Thank you for your feedback April. Have a great day.
john m.
June 17th, 2020
its a bit confusing for a novice computer user. I would prefer to print out the forms, fill them out on paper, then attach them to an email to discuss the accuracy of the forms with a friend, and then take the completed forms to the County office to be recorded
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Charles R.
August 10th, 2021
Pleased with the forms and their ease of use. No complaints.
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Kim L.
August 26th, 2020
Got the quit claim forms, amazing really. Easy to understand, looked great when completed, accepted without question for recording. Nice job!
Thank you!
Margaret T.
May 6th, 2022
Had a difficult time finding my download after purchase. Thankfully I had printed the form and had. However it was read only and I'm not experienced enough to be able to change that. So I went into my word program and typed in the form. I should be able to use it for my purpose. Just glad I was finally able to find it after hours of searching online. I'm in my 70's and not real computer intelligent which may have been part of the problem
Sorry to hear of your struggle Margaret, we will try harder to make our forms easier for everyone.
Bruce J.
November 8th, 2019
Fast results
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Roy Y.
February 7th, 2019
I paid for and received the form for a Quit Claim Deed. Hoping it is the form I need to complete my transaction. Thank you for making it possible to obtain the form I was in need of.
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