Santa Fe County Affidavit of Facts as to Death Form (New Mexico)
All Santa Fe County specific forms and documents listed below are included in your immediate download package:
Affidavit of Facts Form
Fill in the blank form formatted to comply with all recording and content requirements.
Included Santa Fe County compliant document last validated/updated 8/12/2024
Affidavit of Facts Guide
Line by line guide explaining every blank on the form.
Included Santa Fe County compliant document last validated/updated 9/23/2024
Completed Example of the Affidavit of Facts Document
Example of a properly completed form for reference.
Included Santa Fe County compliant document last validated/updated 10/28/2024
The following New Mexico and Santa Fe County supplemental forms are included as a courtesy with your order:
When using these Affidavit of Facts as to Death forms, the subject real estate must be physically located in Santa Fe County. The executed documents should then be recorded in the following office:
Santa Fe County Clerk
102 Grant Ave, Santa Fe, New Mexico 87504
Hours: 8:30 to 4:30 M-F
Phone: (505) 986-6280 & 6289
Local jurisdictions located in Santa Fe County include:
- Cerrillos
- Edgewood
- Glorieta
- Lamy
- Santa Cruz
- Santa Fe
- Stanley
- Tesuque
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 Santa Fe 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 Santa Fe County using our eRecording service.
Are these forms guaranteed to be recordable in Santa Fe County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Santa Fe 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 Santa Fe County that you need to transfer you would only need to order our forms once for all of your properties in Santa Fe County.
What are supplemental forms?
Often when a deed is recorded, additional documents are required by New Mexico or Santa Fe 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 Santa Fe 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 Santa Fe 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 Santa Fe 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 - ( 4434 Reviews )
James S.
November 21st, 2024
Forms used, created quitclaim deed that the county accepted without a second look (turns out they see deeds.com forms regularly via erecording and in person). Will be back for any real estate related forms I need and they carry. Will always be my first stop. Also, will use erecording next time, mad I didn't see it this time.
Thanks for the kind words James, glad we could help. Look forward to seeing you again.
Thomas G.
November 21st, 2024
Wasn’t what I expected
Sorry to hear that your expectations were missed. Your order has been canceled. We do hope that you find something more suitable to your expectations elsewhere. Do keep in mind that purchasing legal forms should not be an exploratory endeavor.
Jimmy P.
November 20th, 2024
They sent me everything I would need to do this. Easy purchase -Easy download. Great!! I'll be back here for all my document needs.
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
TEDDY Y.
January 29th, 2022
this experience was made possible with the ease of using your service thank you
Thank you!
Rachel F.
April 14th, 2022
Wonderful forms as long as you know what you need. Do some research ahead of time so you can avoid looking like an idiot ordering the incorrect form for your situation.
Thank you!
Darlene T.
August 4th, 2024
Worth the cost. Quick and easy!
We deeply appreciate the trust you have placed in our services. Thank you for your valuable feedback and for choosing us.
Linda G.
August 22nd, 2021
I like it so far- now I just need to complete my filing in the County seat!
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
Brenda K R.
October 1st, 2021
Hello,
I like how easy the form is to follow.
I'm unsure however of how to proceed as what I am trying to do is have my name added to the deed so in event of death I have ownership.
Thank you for your feedback. We really appreciate it. Have a great day!
Joyce D.
October 29th, 2021
Great service. Fast and efficient.
Thank you!
Dallas S.
July 19th, 2023
Very easy
Thank you!
John S.
June 4th, 2019
It was very user friendly site. I was able to complete the package and mail out all within a few hours. I definitely recommend to any and all.
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
Donna D.
March 20th, 2020
Easy to use. Good information. Would use again.
Thank you!
Shirley B.
July 9th, 2019
Very convenient, glad I discovered this website.
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
Dorothy J F.
May 9th, 2024
Appreciated the prompt answers to my inquiries…
We are grateful for your engagement and feedback, which help us to serve you better. Thank you for being an integral part of our community.
tim g.
May 3rd, 2019
that is what I was looking for thanks
Thanks Tim, glad we could help.