Affidavit of Surviving Joint Tenant - New Mexico

AFFIDAVIT OF SURVIVING JOINT TENANT

State of New Mexico

Recording Requested By:
_____________________________________________

When Recorded Return To:
_____________________________________________
_____________________________________________
_____________________________________________

Property Address:
_____________________________________________

SPACE ABOVE THIS LINE FOR COUNTY CLERK'S USE

DOCUMENT INFORMATION

AFFIDAVIT OF SURVIVING JOINT TENANT

STATE OF _________________
COUNTY OF _________________

_____________________________________________ ("Affiant"), being first duly sworn, deposes and states as follows:

1. Identity and Competency of Affiant

Affiant is over the age of eighteen (18) years, is competent to testify, and makes this Affidavit upon Affiant's own personal knowledge of the facts stated herein. Affiant's mailing address is:

_____________________________________________
_____________________________________________

2. The Decedent

_____________________________________________ ("Decedent") died on [__/__/____] at _________________________ (city), _________________ County, State of _________________.

A certified copy of the Decedent's death certificate is attached hereto as Exhibit "B" and is recorded herewith.

☐ Affiant's relationship to the Decedent (if any): _____________________________________________

3. The Vesting Instrument Creating the Joint Tenancy / Survivorship Estate

Title to the real property described in Exhibit "A" ("Property") was conveyed or transferred to Affiant and the Decedent by the following instrument ("Vesting Deed"):

Vesting language quoted from the deed (verbatim):
"_____________________________________________
_____________________________________________"

The Property was held by Affiant and the Decedent (select one):

☐ As joint tenants, or to the survivors of them, or with right of survivorship (prima facie a joint tenancy under NMSA 1978 § 47-1-16; created under § 47-1-35)
☐ As community property with right of survivorship (married couple), pursuant to NMSA 1978 § 45-2-805

4. The Property

The Property that was the subject of the Vesting Deed is described in Exhibit "A" attached hereto and incorporated herein by reference.

Property Address: _____________________________________________

Parcel Number: _____________________________________________

5. Affiant Is the Surviving Joint Tenant / Spouse

Affiant is one and the same person named as a grantee in the Vesting Deed and is the surviving joint tenant (or surviving spouse holding community property with right of survivorship). Affiant and the Decedent remained joint tenants (or community-property-with-survivorship owners) continuously from the date of the Vesting Deed until the death of the Decedent. The joint tenancy or right of survivorship was never severed, partitioned, terminated, or conveyed during the Decedent's lifetime.

☐ Affiant is the sole surviving joint tenant.
☐ The surviving joint tenant(s) is/are: _____________________________________________

6. Vesting of Title in the Survivor by Right of Survivorship

Upon the death of the Decedent, the Decedent's interest in the Property terminated and disappeared, and the whole estate continued in, and vested in, the surviving joint tenant(s) or surviving spouse by right of survivorship. The Decedent's interest in the Property did not pass under the Decedent's will or by intestate succession and is not subject to administration in the Decedent's probate estate.

7. Tax and Lien Statement

To the best of Affiant's knowledge and belief:

☐ No federal estate tax is due, or any federal estate tax due with respect to the Decedent's interest in the Property has been or will be paid.

☐ The Decedent's interest in the Property is free of unpaid liens, judgments, or encumbrances created by the Decedent that remain undischarged, except as follows:
_____________________________________________
_____________________________________________

Note (New Mexico): New Mexico imposes no state estate tax and no state inheritance tax. No state death-tax waiver is required to clear title to survivorship real property in New Mexico.

8. Statutory Basis and Request to Record

This Affidavit is made pursuant to NMSA 1978 §§ 47-1-15, 47-1-16, and 47-1-35 (joint tenancy and survivorship), § 45-2-805 (community property with right of survivorship), and is recordable under NMSA 1978 § 14-9-1, for the purpose of establishing of record the termination of the Decedent's interest and the vesting of title in the surviving joint tenant(s) or spouse. Affiant requests that the County Clerk of _________________ County, New Mexico, record this Affidavit together with the attached certified copy of the Decedent's death certificate.

VERIFICATION / JURAT

FURTHER AFFIANT SAYETH NAUGHT.

I declare under oath and under penalty of perjury under the laws of the State of New Mexico that the foregoing is true and correct.

_____________________________________________ (Affiant Signature)

_____________________________________________
Printed Name of Affiant

Date: [__/__/____]

STATE OF _________________
COUNTY OF _________________

Subscribed and sworn to before me on this _____ day of _________________, 20_____, by _____________________________________________.

_____________________________________________
Notary Public

My Commission Expires: _____________________________________________

[NOTARIAL SEAL]

EXHIBIT A — LEGAL DESCRIPTION

Legal Description of Property:

_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________

County of _________________, State of New Mexico

Parcel Number: _____________________________________________

EXHIBIT B — CERTIFIED DEATH CERTIFICATE

A certified copy of the death certificate of the Decedent, _____________________________________________, is attached to this Affidavit and recorded herewith.

NEW MEXICO RECORDING REQUIREMENTS AND INFORMATION

Recording Requirements

Recording Fees

Recording fees vary by county. Contact the specific County Clerk's office for current fee schedules.

Important New Mexico Notes

1. Prima facie joint tenancy. Under NMSA 1978 § 47-1-16, an instrument conveying title to two or more persons "as joint tenants," "to the survivors of them," or "with right of survivorship" is prima facie evidence of a joint tenancy. The default for an instrument silent as to form is tenancy in common (§ 47-1-15).

2. Community property state. New Mexico is a community property state. Spouses may hold real property as community property with right of survivorship (NMSA 1978 § 45-2-805), which passes the deceased spouse's interest automatically to the survivor, bypassing probate.

3. No New Mexico death tax. New Mexico imposes no estate or inheritance tax; no state tax waiver is required.

4. Nondisclosure state. New Mexico does not require disclosure of consideration; no transfer tax applies.

5. Legal counsel. Consultation with a licensed New Mexico attorney is recommended, particularly to confirm the form of ownership and any severance.

PREPARED BY:

_____________________________________________
Name

_____________________________________________
Address

_____________________________________________
Phone/Email

This template is provided for informational purposes only and does not constitute legal advice. Consult with a licensed New Mexico attorney before using this form.