Otero County Affidavit of Deceased Joint Tenant Form (New Mexico)
All Otero County specific forms and documents listed below are included in your immediate download package:
Affidavit of Deceased Joint Tenant Form
Fill in the blank form formatted to comply with all recording and content requirements.
Included Otero County compliant document last validated/updated 9/9/2024
Affidavit of Deceased Joint Tenant Guide
Line by line guide explaining every blank on the form.
Included Otero County compliant document last validated/updated 5/15/2024
Completed Example of the Affidavit of Deceased Joint Tenant Document
Example of a properly completed form for reference.
Included Otero County compliant document last validated/updated 9/17/2024
The following New Mexico and Otero County supplemental forms are included as a courtesy with your order:
When using these Affidavit of Deceased Joint Tenant forms, the subject real estate must be physically located in Otero County. The executed documents should then be recorded in the following office:
Otero County Clerk
1104 N White Sands Blvd, Ste C, Alamogordo, New Mexico 88310
Hours: 7:30 to 6:00 M-F
Phone: (575) 437-4942
Local jurisdictions located in Otero County include:
- Alamogordo
- Bent
- Cloudcroft
- High Rolls Mountain Park
- Holloman Air Force Base
- La Luz
- Mayhill
- Mescalero
- Orogrande
- Pinon
- Sacramento
- Sunspot
- Timberon
- Tularosa
- Weed
How long does it take to get my forms?
Forms are available immediately after submitting payment.
How do I get my forms, are they emailed?
Immediately after you submit payment, the Otero County forms you order will be available for download directly from your account. You can then download the forms to your computer. If you do not already have an account, one will be created for you as part of the order process, and your login details will be provided to you. If you encounter any issues accessing your forms, please reach out to our support team for assistance. Forms are NOT emailed to you.
What does "validated/updated" mean?
This indicates the most recent date when at least one of the following occurred:
- Updated: The document was updated or changed to remain compliant.
- Validated: The document was examined by an attorney or staff, or it was successfully recorded in Otero County using our eRecording service.
Are these forms guaranteed to be recordable in Otero County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Otero County including margin requirements, content requirements, font and font size requirements.
Can the Affidavit of Deceased Joint Tenant forms be re-used?
Yes. You can re-use the forms for your personal use. For example, if you have more than one property in Otero County that you need to transfer you would only need to order our forms once for all of your properties in Otero County.
What are supplemental forms?
Often when a deed is recorded, additional documents are required by New Mexico or Otero County. These could be tax related, informational, or even as simple as a coversheet. Supplemental forms are provided for free with your order where available.
What type of files are the forms?
All of our Otero County Affidavit of Deceased Joint Tenant forms are PDFs. You will need to have or get Adobe Reader to use our forms. Adobe Reader is free software that most computers already have installed.
Do I need any special software to use these forms?
You will need to have Adobe Reader installed on your computer to use our forms. Adobe Reader is free software that most computers already have installed.
Do I have to enter all of my property information online?
No. The blank forms are downloaded to your computer and you fill them out there, at your convenience.
Can I save the completed form, email it to someone?
Yes, you can save your deed form at any point with your information in it. The forms can also be emailed, blank or complete, as attachments.
Are there any recurring fees involved?
No. Nothing to cancel, no memberships, no recurring fees.
Removing a Deceased Joint Tenant from a New Mexico Real Estate Title
New Mexico's statutes define joint tenancy at 47-1-36. This law states that a "joint tenancy in real property is one owned by two or more persons, each owning the whole and an equal undivided share, by a title created by a single devise or conveyance, when expressly declared . . . to be a joint tenancy." Property titled in this manner cannot be passed in a will; instead, a deceased joint tenant's share is distributed equally amongst the survivors as a function of law until only one person holds the property in sole ownership.
While technically accurate, this description oversimplifies the situation. What happens when it's time to sell the property? Unless the local recording office cross-references death notices with real estate records, the deceased owner's name still appears on the title. This inaccuracy can create confusion during a title search and slow down the transfer process. In addition, outdated ownership information might interfere with property tax billing, which could lead to unnecessary fees and/or penalties.
The surviving owner(s) may prevent these potential issues with a simple step: when one joint tenant dies, the other(s) can execute and record an affidavit of facts as to death with the local recording office. It is possible to address this at the time of sale, but it makes sense to handle it within a short time after the owner's death because the necessary documentation is more likely to be easily accessible. This action keeps property records up-to-date, verifies the owner's interest and rights to the title, and ensures smoother transfers in the future.
Each circumstance is unique, so please contact an attorney with questions or for complex situations.
(New Mexico Affidavit of DJT Package includes form, guidelines, and completed example)
Our Promise
The documents you receive here will meet, or exceed, the Otero 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 Otero County Affidavit of Deceased Joint Tenant 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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September 28th, 2024
The process was fast and efficient. I did get a bit confused after entering info for my package but soon realized I had completed this part of the process and only needed to leave the page and wait for review of the document and then the invoice. It was pretty simple. After payment of the invoice I was notified that the document had been submitted. A few hours later I received notice that the document was recorded by the city. It was fast!
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September 27th, 2024
The guide I needed was very easy to understand and the template was easy to complete. I had a property attorney review the deed before I had it registered and she was impressed. She said she couldn't have written it better herself! Definitely worth the money instead of paying high dollar attorney fees for a simple task.
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September 23rd, 2024
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July 15th, 2021
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* In the signature block for the receiver of the property, filled in "Capacity" as "Grantee as Trustee ______________________________ Living Trust".
* In the notary's section, changed "were acknowledged before me" to "were acknowledged and sworn to before me".
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January 22nd, 2019
It was easy to use the form. The notary said it contained the most recent language which is also helpful.
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