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 - ( 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
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.
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.
We are delighted to have been of service. Thank you for the positive review!
George S.
September 16th, 2021
Excellent product- very
easy to use.
Will use again...
Thank you for your feedback. We really appreciate it. Have a great day!
Kitty H.
February 19th, 2019
I have had it reviewed by a mortgage broker and a title manager and both said it was done correctly! Your product and the instructions are what made this possible. It took me several hours as I continued to review your information. I just finished printing and ready to file. Yeah! Thanks! Highly recommend the product!
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
Kevin R.
November 24th, 2022
So far so good. Had an issue and customer service responded very fast by email.
Thank you for your feedback. We really appreciate it. Have a great day!
Holly M.
October 18th, 2019
This was the simplest method of filing a document that I've ever encountered. I've already recommended it my colleagues, and would highly encourage anyone to use it. Fast, easy, simple.
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
jennifer e.
September 1st, 2020
EXCELLENT, PROMPT SERVICE. I will definitely use again .HIGHLY RECOMMEND.
Thank you for your feedback. We really appreciate it. Have a great day!
Angela L.
November 2nd, 2020
AWESOME!
Thank you!
Karen M.
July 19th, 2020
Excellent and easy process to use the online fill in the blank sections, especially when you provided a example of what each topic/section should look like. Highly recommend!
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
FLORIN D.
December 3rd, 2020
Excellent service, will use in the future and will recommend to anyone that needs to record documents.
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
pete k.
February 11th, 2021
Excellent service and quick turnaround time.I ordered a copy of my property deed and I received a downloadable digital copy in about 10 to 15 minutes. Very impressed. Thank You
Thank you for your feedback. We really appreciate it. Have a great day!
milton m.
August 27th, 2021
good product easy to use, as advertised
Thank you for your feedback. We really appreciate it. Have a great day!
Timothy B.
May 17th, 2023
Information was very helpful and straight forward, Thankyou!
Thank you!
Mark & Linda W.
December 18th, 2020
Quite simple and easy.
Only one critique: It would be easier if the names of the PDF would reflect the name of the deed/form such as 'Controlling tax return' rather than '1579101185SF56863.pdf'.
However I love downloading forms rather than mail.
Thank you for your feedback. We really appreciate it. Have a great day!