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New Mexico Last Will and Testament

A New Mexico last will and testament is a legal document a person uses to outline how their estate shall be distributed upon death. All aspects of the testator's estate can be bequeathed to beneficiaries in a will.
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Updated February 25, 2025

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Who can make a will?

An individual who is at least 18 years old, or an emancipated minor, and of sound mind.[1]

Signing Requirements

Must be signed by two or more witnesses.[2]

Any generally competent person, including an interested party, may act as a witness.[3]

State Definition

“Will” includes codicil and any testamentary instrument that merely appoints a personal representative, revokes or revises another will, nominates a guardian or expressly excludes or limits the right of an individual or class to succeed to property of the decedent passing by intestate succession. “Will” does not include a holographic will.[4]

Sample

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Sources

  1. NM Stat. § 45-2-501
  2. NM Stat. § 45-2-502(C)
  3. NM Stat. § 45-2-505
  4. NM Stat. § 45-1-201(A)(57)