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
| Field | Information |
|---|---|
| Document Type | Affidavit of Surviving Joint Tenant |
| Decedent (Deceased Joint Tenant) | _________________________ |
| Affiant (Surviving Joint Tenant) | _________________________ |
| Parcel Number | _________________________ |
| Property Address | _________________________ |
| County | _________________________ |
| Reference: Vesting Deed Document No. | _________________________ |
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 _________________.
Evidence of death (select the applicable option):
☐ A certified copy of the death certificate is attached as Exhibit B for recording, if accepted by the county clerk.
☐ A death certificate was recorded separately in _________________ County as Document No. _________________ on [__/__/____].
☐ Other evidence of death: _____________________________________________.
☐ 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 Instrument Detail | Information |
|---|---|
| Type of instrument (e.g., Warranty Deed) | _________________________ |
| Grantor(s) | _________________________ |
| Grantee(s) (as named in the deed) | _________________________ |
| Form of ownership as stated in deed | _________________________ |
| Date of instrument | [__/__/____] |
| Date recorded | [__/__/____] |
| Office of the County Clerk of (County) | _________________________ |
| Book / Page or Document No. | _________________________ |
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 (NMSA 1978 §§ 47-1-16 and 47-1-35).
☐ As spouses whose recorded instrument expressly creates joint tenancy or a right of survivorship. The property's classification as community or separate property is not established by this affidavit (NMSA 1978 §§ 40-3-8(B), (F) and 45-2-807(A)).
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 a surviving joint tenant. To Affiant's personal knowledge, the joint tenancy or right of survivorship created by that instrument remained in effect at the Decedent's death and was not 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
Under the survivorship terms quoted above, Affiant states that the surviving joint tenant(s) hold the Decedent's joint-tenancy interest by right of survivorship. Where the property is community property held in joint tenancy, NMSA 1978 § 45-2-807(A) excludes that property from the Decedent's testamentary disposition; subsection (B) addresses payment of community debts. This affidavit does not determine whether any lien, creditor claim, or other title issue affects the Property.
7. Known Title Matters
Known recorded liens, judgments, conveyances, or other claims affecting the Property, if any (include recording references):
_____________________________________________
_____________________________________________
☐ Affiant knows of no such matters after reviewing the available records.
8. Statutory Basis and Request to Record
This Affidavit states facts concerning title and survivorship under NMSA 1978 §§ 47-1-15, 47-1-16, 47-1-35, 40-3-8, and 45-2-807. Affiant requests that the County Clerk of _________________ County, New Mexico, record this writing affecting real-estate title under NMSA 1978 § 14-9-1, with any attached Exhibit B offered for recording.
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 — EVIDENCE OF DEATH (IF ATTACHED)
☐ A certified copy of the death certificate of _____________________________________________ is attached.
NEW MEXICO RECORDING REQUIREMENTS AND INFORMATION
Recording Requirements
| Requirement | Details |
|---|---|
| Statutory Authority | NMSA 1978 §§ 47-1-15, 47-1-16, 47-1-35, 40-3-8, 45-2-807, 14-8-4, and 14-9-1 |
| Notarization (Jurat) | Yes — sworn before a notary |
| Evidence of Death | Identify the attached or separately recorded evidence in Section 2; check county clerk acceptance requirements before recording a vital record |
| Legal Description | Include Exhibit A so the record identifies the property |
| Recording Office | County Clerk |
Recording Fees
Recording fees vary by county. Contact the specific County Clerk's office for current fee schedules.
Important New Mexico Notes
-
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).
-
Spouses and community property. Property acquired by spouses in a written instrument is presumed community property unless it qualifies as separate property. Joint tenancy and its survivorship incident remain available; community property held in joint tenancy is excluded from the deceased spouse's testamentary disposition, while community debts remain relevant (NMSA 1978 §§ 40-3-8(B), (F), 45-2-807(A), (B)).
-
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.
About this template
- Last updated
- October 26, 2026
- Citations checked
- October 26, 2026
- Jurisdiction
- New Mexico
- Category
- Real Estate
Legal authority
- NMSA 1978 § 47-1-16 (Instrument of conveyance; prima facie evidence of joint tenancy)
- NMSA 1978 § 47-1-15 (Joint grantees or devisees; tenancy in common unless otherwise expressed)
- NMSA 1978 § 47-1-35 (Conveyance to two or more persons as joint tenants)
- NMSA 1978 § 40-3-8(B), (F) (Community-property presumption; joint-tenancy incidents preserved)
- NMSA 1978 § 45-2-807(A), (B) (Death of spouse; community property and debts)
- NMSA 1978 § 14-8-4(A), (B) (Acknowledgment for recording)
- NMSA 1978 § 14-9-1 (Recording of instruments affecting real estate)
Real estate documents transfer ownership, define who can use a property, and record agreements between buyers, sellers, landlords, and tenants. Deeds, purchase agreements, leases, and easements have to be drafted to meet state recording requirements, and mistakes show up at closing or years later in title disputes. Good real estate paperwork moves transactions forward quickly and avoids the kind of problems that only surface when it is time to sell or refinance.
Not legal advice
This template is provided for informational purposes. We recommend having an attorney review any legal document before signing, especially for high-value or complex matters.
Checked against the law it cites
A reviewer verified this template's legal citations against the official source on October 26, 2026.
NMSA 1978 § 47-1-15 (checked October 26, 2026): "All interest in any real estate, either granted or bequeathed to two or more persons other than executors or trustees, shall be held in common, unless it be clearly expressed in said grant or bequest that it shall be held by both parties."
NMSA 1978 § 47-1-16 (checked October 26, 2026): "An instrument conveying or transferring title to real or personal property to two or more persons as joint tenants, to two or more persons and to the survivors of them and the heirs and assigns of the survivor, or to two or more persons with right of survivorship, shall be prima facie evidence that such property is held in a joint tenancy"
NMSA 1978 § 47-1-35 (checked October 26, 2026): "In a conveyance or mortgage of real estate, the designation of two or more grantees 'as joint tenants' shall be construed to mean that the conveyance is to the grantees as joint tenants, and not as tenants in common, and to the survivor of them and the heirs and assigns of the survivor."
NMSA 1978 § 40-3-8(B), (F) (checked October 26, 2026): "Property acquired by a husband and wife by an instrument in writing whether as tenants in common or as joint tenants or otherwise shall be presumed to be held as community property unless such property is separate property within the meaning of Subsection A of this section."
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