Eddy County Affidavit of Facts as to Death Form (New Mexico)

All Eddy County specific forms and documents listed below are included in your immediate download package:

Affidavit of Facts Form

Eddy County Affidavit of Facts Form

Fill in the blank form formatted to comply with all recording and content requirements.
Included Eddy County compliant document last validated/updated 8/12/2024

Affidavit of Facts Guide

Eddy County Affidavit of Facts Guide

Line by line guide explaining every blank on the form.
Included Eddy County compliant document last validated/updated 9/23/2024

Completed Example of the Affidavit of Facts Document

Eddy County Completed Example of the Affidavit of Facts Document

Example of a properly completed form for reference.
Included Eddy County compliant document last validated/updated 10/28/2024

When using these Affidavit of Facts as to Death forms, the subject real estate must be physically located in Eddy County. The executed documents should then be recorded in one of the following offices:

Eddy County Clerk

County Admin Complex - 325 S Main St, Carlsbad, New Mexico 88220

Hours: 8:00 to 5:00 Mon-Fri

Phone: 575-885-3383

Artesia Sub Office

602 S First St, Artesia, New Mexico 88210

Hours: Mon, Tue, Thu, Fri 8:00 to 12:00; Wed 1:00 to 5:00

Phone: 575-746-2541

Local jurisdictions located in Eddy County include:

  • Artesia
  • Carlsbad
  • Hope
  • Lakewood
  • Loco Hills
  • Loving
  • Malaga
  • Whites City

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 Eddy 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 Eddy County using our eRecording service.
Are these forms guaranteed to be recordable in Eddy County?

Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Eddy County including margin requirements, content requirements, font and font size requirements.

Can the Affidavit of Facts as to Death 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 Eddy County that you need to transfer you would only need to order our forms once for all of your properties in Eddy County.

What are supplemental forms?

Often when a deed is recorded, additional documents are required by New Mexico or Eddy 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 Eddy County Affidavit of Facts as to Death 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.

Completing the Transfer under a New Mexico Transfer on Death Deed

In January 2014, New Mexico updated its statutes relating to transfer on death deeds (TODD). This new information is codified at Sections 45-6-401 through 45-6-417 NMSA 1978.

The law for transferors is specific about executing and revoking TODDs, but offers almost no guidance to beneficiaries who wish to accept the real estate after the owner's death. Technically, the transferor's death triggers a change in ownership to the beneficiary, but how does that happen?

One way to formalize the title transfer is to file an <b>affidavit of facts as to death</b>. This document usually contains details about the recorded transfer on death deed as well as identification of the subject property. By submitting the affidavit to the recording office for the county where the land is situated, the beneficiary has protected his/her interest in the real estate and maintained a clear chain of title.

In addition to the affidavit itself, the beneficiary might submit an official copy of both the deceased transferor's death certificate and the recorded transfer on death deed, naming the beneficiary as the intended recipient of the interest in real property. Not all New Mexico counties require these documents; some refuse to accept death certificates for recording at all, citing privacy concerns.

Overall, even though the transfer of title rights to the beneficiary happens as a function of law, it makes sense to formalize it by recording an affidavit of facts as to death. Before submitting the affidavit for entry in the public record, check with the local recording office to verify the correct supporting documentation.

Remember that each circumstance is unique, so contact an attorney with specific questions or for complex situations.

(New Mexico Affidavit Package includes form, guidelines, and completed example)

Our Promise

The documents you receive here will meet, or exceed, the Eddy 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 Eddy County Affidavit of Facts as to Death 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 - ( 4420 Reviews )

Jimmy W.

November 1st, 2024

Very thorough with plenty of instructions. Nice to be able to fill in the forms on my computer at my own pace and edit if needed. Jim

Reply from Staff

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

RUTH A.

October 25th, 2024

I am so very thankful for the service that you provide for the public, thank you very much.

Reply from Staff

We deeply appreciate the trust you have placed in our services. Thank you for your valuable feedback and for choosing us.

Nancy R.

October 25th, 2024

Deeds.com is very precise, helpful and friendly. I found the form I needed without any effort and everything worked perfect and smooth. I recommend it 100%. rnThank you.

Reply from Staff

We are delighted to have been of service. Thank you for the positive review!

David B.

December 23rd, 2021

I found the information very helpful.
Had problems producing a professional looking document due to the limited active fields on the PDF form. Finally I just typed it.

Reply from Staff

Thank you!

Larry L.

September 18th, 2023

Easy, quick and responsive for recording purposes.

Reply from Staff

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

Phyllis A.

January 25th, 2023

The turnaround was excellent. The lady I spoke with was a great help and returned my document very quickly.

Reply from Staff

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

Dave W.

April 14th, 2020

Hello,
The instructions were clear and easy to navigate.

Thanks,

Dr. Dave Wayne

Reply from Staff

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

Nancy B.

July 22nd, 2021

Very user-friendly. Looks like everything I needed in one place. Great job.

Reply from Staff

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

Barbara S.

March 11th, 2021

I found your site easy to use, though I would prefer an option to download to MWords but Adobe works well. The cost is very, very reasonable and provides documents I didn't know were needed. I would recommend this to anyone trying to deal with legal documents.

Reply from Staff

Thank you!

GARY S.

August 27th, 2020

sweet &amp; easy

Reply from Staff

Thank you!

Edward M.

November 4th, 2021

Thank you for your excellence form services. I can download all the forms easily. If you have the guide on how to fill out all of those forms, that more helpful for me. I don't know how the use E-Recording?
Can you tell me how? If my friends ask me about the legal forms services, I will tell them to use your Website. If I wrote some words wrong, please correct them before display publicly.

Reply from Staff

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

Lorrisa L.

December 28th, 2018

No review provided.

Reply from Staff

Thank you for your rating. Have a great day!

Kenia B.

August 31st, 2020

Very convenient and efficient. I will recommend it, definitely.

Reply from Staff

Thank you!

Janice S.

August 31st, 2022

All instructions and forms are very easy to read and fill-out. Thank you

Reply from Staff

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

Kathy D.

November 4th, 2021

Thank You, I will be looking forward to printing these files, and getting this Ladybird deed in place.

Reply from Staff

Thank you!