Detailed answer: steps to take when co-owners with a survivorship deed die

When co-owners who held property as joint tenants with right of survivorship die, title generally passes to the surviving joint tenant(s) by operation of law. However, to show clear title to banks, title companies, county recorders, and future buyers you usually must update the public record. Below are the common steps people follow in New Mexico.

1. Confirm how title is written.

   Obtain a copy of the recorded deed from the county clerk/recorder. Look for language such as “joint tenants with right of survivorship,” “with right of survivorship,” or “survivorship”. If the deed says “as tenants in common,” survivorship does not apply and the deceased owner’s share may pass under a will or by intestacy (probate).

2. Get certified copies of the death certificate(s).

   Order certified death certificates for the deceased co-owner(s) from the state vital records office or the county where the death was registered. Recorders routinely require a certified copy to document death when updating title.

3. Check whether a Transfer-on-Death deed, will, or probate is involved.

   If there is a Transfer-on-Death deed or other instrument, or if the deceased owned the property in another form (community property, life estate, etc.), the route to clear title can change. If the deed does not create survivorship, you may need to open probate. For basic information on probate procedures and forms in New Mexico, see the New Mexico Courts website: https://www.nmcourts.gov/ (look under Probate).

4. Prepare an affidavit or instrument to record.

   Many counties accept an Affidavit of Death of Joint Tenant or a similar sworn statement that attaches a certified death certificate and describes the recorded deed and property. The affidavit typically recites that the deceased was a joint tenant and that the surviving joint tenant(s) now hold full title. If the surviving owner(s) prefer, they can also record a new deed (a quitclaim or warranty deed) transferring title into their name alone. Any deed must be signed, notarized, and properly acknowledged before recording.

5. Record the affidavit or new deed at the county clerk/recorder.

   Bring the certified death certificate(s) and the affidavit or the new deed to the county clerk/recorder where the property is recorded. Pay the recording fee and ask the clerk whether any county-specific form or additional documents (such as an affidavit of survivorship) are required. County requirements can vary.

6. Obtain a title update or reissue title insurance if needed.

   If you plan to refinance or sell, contact your title company or insurer. They may require a full title search and either an affidavit, a recorded deed, or a probate closing order before issuing a new policy or clearing the title for sale or lending.

7. Address property tax and utility accounts.

   Notify the county assessor and property tax office about the change in ownership and provide recorded documents. Update utility accounts and homeowner’s insurance to reflect the surviving owner(s).

8. Consider consulting a lawyer or title company for complex situations.

   If the deed wording is unclear, if there are multiple deaths in short succession, if the deceased had liens, mortgages, or creditors, or if disputes arise among heirs, consult a New Mexico attorney experienced in real estate and probate. A title company or attorney can run a full title search and advise whether probate or a court order is required to clear title.

For statutory and procedural rules that may affect this process, review New Mexico statutes and probate resources. The New Mexico Legislature maintains the codified laws at https://www.nmlegis.gov/Legislation/Statutes and the New Mexico Courts provide probate information at https://www.nmcourts.gov/ (Probate pages). County recorders’ offices post recording rules and fee schedules on their county websites — locate your county recorder via the state directory or the county’s official site.

Common questions and brief answers (FAQ format)

Do I have to go through probate after a joint tenant dies?

Usually no, if the deed clearly created a right of survivorship. The surviving joint tenant typically takes title automatically without probate. If title wording is unclear or the property was held differently, probate may be required.

Can I just record the death certificate and be done?

Recording a death certificate alone may not change the deeded ownership language. Most county recorders accept an affidavit of death plus a certified death certificate or a new deed recorded by the surviving owner. Ask your county recorder what documents they require.

What if there is a mortgage on the property?

Mortgages remain on the property regardless of survivorship. The surviving owner assumes responsibilities for mortgage payments. Lenders may require notice and documentation before approving refinancing or loan servicing changes.

How long will this take and what does it cost?

Timing depends on how quickly you get certified death certificates, prepare the affidavit or deed, and county processing times. Recording fees vary by county. If you hire an attorney or title company, expect additional fees. Contact your county recorder for exact recording costs.

Helpful hints

• Start with a certified copy of the recorded deed and certified death certificates.
• Contact the county clerk/recorder early to confirm their specific affidavit or form requirements and fees.
• If multiple co-owners died, get clear documentary evidence (death certificates) for each.
• If language in the deed is ambiguous, get a title search and legal advice before recording anything.
• Record documents sooner rather than later—uncleared title can delay refinancing or sale.
• Keep certified copies of recorded documents; provide them to your mortgage lender, insurance company, and county assessor.
• If you plan to sell, contact a title company early to learn what they will require to insure the sale.
• When in doubt, consult a lawyer experienced in New Mexico real estate and probate—especially if estate taxes, creditor claims, or disputes might arise.