New Mexico Last Will and Testament

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The probate courts in New Mexico manage the last will and testament of an individual who has passed away. The individual who creates a will is a “testator.” probate courts handle the process to ensure all necessary steps are followed for unpaid debts, taxes and to protect the person’s property.

New Mexico Last Will and Testament Template

A will in New Mexico decides what happens to someone’s property after death. In New Mexico, the last will and testament must be created by someone 18 years or older. They must be of sound mind. They must present the document in writing with the signatures of two witnesses.

A New Mexico last will and testament template may make a will. It is not required, but it may make navigating the process easier. 

If changes are needed to the last will and testament form, New Mexico requires an amendment – called a codicil – to be included and signed in the same manner as the rest of the document. The testator must add the codicil (and have it witnessed) before their death.

Requirements for a Will to be Valid in New Mexico

The last will and testament guarantees that you determine how your property is divided after death. For a will to be valid in New Mexico, the testator must follow specific guidelines, such as:

  • Divide the desired property
  • Choose an executor
  • Sign the will in front of at least two witnesses

These requirements are essential for a valid will. The two witnesses must also sign the document before filing with the probate courts.

Cost to Create a Will in New Mexico

Individuals who wish to create a free will in New Mexico can write their own last will and testament. One can typically find simple resources to guide them in the process. If all state requirements are followed, the court must accept the will as legal and valid. 

An attorney can charge hundreds, even thousands of dollars to make a will for an individual. Such costs are often untenable.


New Mexico requires two competent witnesses. Interested parties may act as witnesses in New Mexico.

In New Mexico, a testator may write their own will. The testator and two witnesses must sign the will. A consultation with a lawyer may be advisable for more complicated circumstances.

Having your will notarized may help the process move faster. In New Mexico, notaries are not required for a will to be considered valid. However, a notarized will is regarded as a self-proved document.

Handwritten wills are legal in New Mexico, but they must abide by all state regulations. They must be witnessed and signed by two individuals of sound mind.

No, the law does not require everyone to have a will. Although, it is a helpful tool. If you die without a will in New Mexico, the courts will distribute your property to heirs and next of kin.