Free New Mexico Last Will and Testament Form

A will is a legal instrument that contains the instructions of an individual (testator) involving their property in case of death, made in the form prescribed by law. As a safety measure, it’s highly recommended to write a last will.

A thought-out and appropriately created will is often essential to those you love and your relations after your passing, even when you don’t have a lot of property to pass on.

On this page, you can easily download a free New Mexico last will and testament form that you can fill in and print out. Also, down the page, there is lots of material about the last will creation process and commonly asked questions.


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New Mexico Last Will Laws and Requirements

Requirements State laws
Statutes Chapter 45 – Uniform Probate Code; Article 2 – Intestate Succession and Wills
Signing requirement Two witnesses  

45-2-502. Execution; witnessed wills
Age of testator 18 or older or an emancipated minor
45-2-501. Who may make will
Age of witnesses 18 or older
45-2-505. Who may witness
Self-proving wills Allowed  

45-2-504. Self-proved will
Handwritten wills Recognized if witnessed according to the state law  

45-2-502. Execution; witnessed wills


Oral wills Not recognized
Holographic wills Not recognized
Registering a will Possible with the clerk of any district court in New Mexico  A fee is county-specific
45-2-515. Deposit of will with court in testator’s lifetime

How to Make a New Mexico Last Will and Testament

1. Think about your options. Make a decision if you would like to hire attorneys or prepare your last will and testament yourself (either by handwriting it or using a free last will and testament form).

2. Specify your information. The first step is establishing the testator by providing their full name, together with the residential information (city, county, and state). Go over the information you entered as well as the rest of the passage, which includes “Expenses and Taxes.”

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3. Indicate the executor. Appoint the executor of your property and enter their specifics: full legal name and place of residence, which will typically be in the same state the testator lives mainly because nearly all states enforce special regulations on out-of-state executors. Although it isn’t required, it’s a good idea to appoint an additional person to perform the duty of your executor in the event the first one is unwilling or not capable of carrying out your last will and testament.

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4. Choose the guardian (optional). It is possible to choose a trusted person as a guardian if you have minor or dependent children that must be taken care of. If there are no directions pertaining to exactly who should take care of your kids, the guardian will be selected by the court.

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5. Establish your beneficiaries. This is where you establish those who will receive your assets. Enter their full names, places of residence, and your relationship to them (spouse, child, friend).

6. Allocate property. You can indicate which of the beneficiaries gets this or that piece of property. Otherwise, the assets will be distributed equally among the inheritors. Property could include cash, shares, real estate, company control, money for unresolved debts, and any tangible things of monetary worth that count among your possessions. But, shared and living will property and assets, as well as your life insurance, can’t be put into your last will.

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7. Ask witnesses to finalize the document. New Mexico Annotated Statutes specify that at least two witnesses must sign a will for it to be deemed valid. You’ll be able to name someone as a witness only when they’re older than 18 years and are disinterested in the bequest. Consider picking witnesses younger than you to ensure that they will be present if the will is contested in court or if any other problem occurs. Now, you (as well as your two witnesses) have to sign the paper after writing your full legal addresses and names. Make sure you check each paragraph carefully before finalizing the matter.

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Frequently Asked Questions

What's the primary difference between 'Power of Attorney' and 'Executor'?

The principal difference between these two documents is that as soon as you die, the agent you name via power of attorney loses their official authority to deal with any matters for you.

Among numerous power of attorney types, the two following ones are believed to be fundamental:

  • General power of attorney – enables you to appoint a proxy (agent) who will be able to handle your financial and legal matters in your stead. However, this document will become invalid if the PoA author dies or becomes incapacitated.
  • Durable power of attorney – gives the identical authority to the proxy as the prior type but remains valid even if the person on behalf of whom the agent acts becomes disabled.

An executor is someone you establish in the last will to manage your affairs once you die. One individual can be your last will’s executor and power of attorney proxy.

Is last will notarization required by New Mexico law?

In New Mexico, you don’t need to notarize your will. Nonetheless, you’ll need a notary public if you would like to make your last will self-proving by attaching an affidavit to it. A self-proving will makes probate quicker since the court can admit it without getting in contact with the witnesses who signed it. determine the validity of the document, which is going to facilitate the probate.

IMPORTANT: Even though notarization is not required for last wills in New Mexico, it usually helps facilitate the probate.

An attested or holographic will, which should you pick?

For any holographic last will to be considered legally binding, you must handwrite your entire document, put the date of creating, put your signature on it, and have it witnessed according to the state law. Bear in mind that such a will is typically created when there is no other alternative and is normally replaced by a more thorough document made with the aid of a fillable will form or attorney at law. It isn’t advised to have a holographic will as your last version because it might have ambiguous or conflicting statements, creating much stalling during the probate.

An attested will is usually typewritten because it’s commonly made by an attorney or is based upon a will template, such as the one you may download here. For it to be regarded as valid, it has to be signed by the testator and two credible witnesses over the age of 18 in the testator’s presence, which can also be exercised in the presence of a notary. However, the latter is not required in New Mexico.

What is testamentary capacity?

In order to make your last will and modify it (to be testamentary capable), you have to meet particular requirements relating to your legal and mental capabilities (sound mind) first.

In most states, to make a will, you’ve got to be of sound mind and no less than 18 years of age. “Sound mind” signifies that you don’t have any kind of mental illnesses (dementia, senility, insanity, etc.) that doesn’t allow you to have an understanding of the aftermaths of your actions.

Is it required (in New Mexico) to add a self-proving affidavit to my will?

No, in New Mexico, there’s no such requirement. Nonetheless, attaching one will be quite useful as it removes the demand for witnesses testimony in the course of probate, which facilitates the process considerably.

Is it allowed to disinherit your child or spouse?

Should you want to disinherit your marriage partner, it would most likely be unfeasible. New Mexico is a community property state (often called marital property). It is a form of interest documentation presented by the systems of law. It states that 50 % of all properties and assets (and this includes arrears) of one marriage partner belongs to the other and stays such upon divorce.

Possibly, a certain connection can be found between the above-mentioned fact and the following numbers. 2018 study shows that in the State of New Mexico, the divorce rate is 6.6 per 1,000 women over 15 years old, which is lower than the average US rate of 7.7.

In New Mexico, you’re able to disinherit your marriage partner only in regard to your part of the property and assets.

The only possible way for you to disinherit your marriage partner would be to conclude a prenuptial contract with them well before the marriage. Below, you can redefine the community property as well as amend your partner’s share.

With regards to the others, it’s legal in New Mexico to disinherit family members in your last will. With the addition of corresponding disinheritance sections to your will, you’ll be able to exclude your children or any other family members from obtaining any of your properties and assets.

Can my last will be modified without my agreement?

No, only you can change your will. There is one particular situation when a third party is allowed to be involved. In case you are physically unable to sign your last will, a third party is permitted to do so in your stead yet only with you present.

Can I revise a typewritten last will after signing it (in New Mexico)?

Yes, it can be done.

In accordance with New Mexico law, you are allowed to modify or repeal your last will and testament in case you are not obligated by a legal contract that expresses otherwise.

Also, it’s a wise decision to update your will as you experience a serious life event including:

  • Adoption or child birth
  • You have married or divorced
  • You bought or sold real estate or a considerable piece of property.
  • Your financial position has changed noticeably

What will happen in case I have lost my last will?

In New Mexico, the law says that the court can recognize a last will if it’s damaged or lost. But, the probate court can be less likely to admit anything except for the original of the last will to probate.

According to New Mexico law, the absence of the will can be assumed as its repeal. That implies that the trustee must prove the last will’s credibility, which can become quite complicated.

For holographic last wills, the process can get more difficult as sworn witnesses and testimony are demanded. The reason behind not producing the will and its elements is to be confirmed as well.

If I'm physically incapable of signing my will, what do I have to do?

As per the New Mexico Estate Code, it is possible for a person to sign their last will, given that it is your (as a testator) directive and in your presence. The person who wrote the will can convey his or her last wishes orally, through responding positively to a query, or with a gesture.

It is possible to have a notary to sign the name of a testator that is physically unable to do so if the latter directs the notary public with a witness present. Such a witness is chosen just like one would select an executor – they cannot have any legal or equitable interest in any property and assets being the focus of or affected by the will.

Related documents Cases when you might want to make one
Codicil Your last will requires one or a number of small modifications.
Self-proving affidavit You wish the probate to be quicker when the time comes.
Living will You would like to express your wishes concerning the end-of-life health care and life-prolonging measures.
Living trust You want to avoid probate by putting your property in a trust.
Published: Sep 17, 2020
Mara Erlach
Mara Erlach
Writer & Attorney
Mara has been practicing estate planning and trust law in California since 2003, taking pride in helping clients of all backgrounds and asset profiles form a complete and customized estate plan. Her specialties are: estate planning, wills and trusts, trust and probate administration.