How to Make a Valid Will in New Mexico
New Mexico has specific rules about who can make a will, how it must be signed, how many witnesses are needed, and whether notarization is required. Here's everything you need to know about creating a valid last will and testament in NM.
New Mexico Will Requirements at a Glance
Who Can Make a Will in New Mexico?
You must be at least 18 years old to make a will in New Mexico. Emancipated minors may make a will under UPC provisions. The testator must be of sound mind: understand the nature of the testamentary act, the extent of their property, and the natural objects of their bounty
Signing Requirements
Must be in writing. Can be typed, printed, or handwritten, but all wills must comply with witness requirements. Unwitnessed holographic wills are not valid if created in New Mexico. If you are physically unable to sign, Another person may sign at the testator's express direction in the testator's direct physical presence.
Witness Requirements in New Mexico
New Mexico requires 2 witnesses. Generally competent witnesses. Witnesses must sign in the presence of the testator and of each other (NMSA 45-2-502). This is stricter than many UPC states.
Interested witnesses: An interested witness does not invalidate the will under the UPC framework
Notarization in New Mexico
Notarization is not required for a will to be valid in New Mexico. Not required for validity. Required for a self-proving affidavit
Self-Proving Affidavit
New Mexico allows a self-proving affidavit, which simplifies probate by eliminating the need for witnesses to testify in court. The testator and witnesses must sign an affidavit before a notary public or other officer authorized to administer oaths (NMSA 45-2-504)
Handwritten (Holographic) Wills
New Mexico does not recognize holographic wills. Unwitnessed holographic wills created in New Mexico are not valid. A handwritten will is only valid if it meets all standard execution requirements including two witnesses. Foreign holographic wills may be recognized if valid where executed (NMSA 45-2-506)
Electronic Wills
New Mexico does not currently recognize electronic wills. New Mexico has not adopted the Uniform Electronic Wills Act. Electronic wills are not recognized
How to Revoke a Will in New Mexico
In New Mexico, a will can be revoked by:
- •Executing a subsequent will that revokes the previous will expressly or by inconsistency
- •Performing a revocatory act on the will (burning, tearing, canceling, obliterating, or destroying)
- •Another person may perform the act in the testator's presence and by the testator's direction
NMSA 45-2-507
Special Provisions in New Mexico
New Mexico is a community property state. Each spouse owns an undivided one-half interest in community property. No elective share statute because community property protections serve that function. New Mexico requires witnesses to sign in the presence of each other (stricter than many UPC states)
Relevant New Mexico Statutes
- NMSA 45-2-501 (Who may make a will)
- NMSA 45-2-502 (Execution; witnessed wills)
- NMSA 45-2-504 (Self-proved will)
- NMSA 45-2-506 (Choice of law as to execution)
- NMSA 45-2-507 (Revocation by writing or by act)
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