The New Mexico Last Will and Testament is a legal document that is prepared by a testator (the person constructing the will) that will provide instructions for their selected Executor (representative) as to how the testator would like to have their estate distributed upon their death. This document will be created to properly distribute their estate to not only protect a spouse, children and/or other family members, with their real property, personal property, fiduciary etc. As well the document will have the capability of providing donations to preferred schools, organizations or even friends or pets. The document will require signatures of two witnesses as well, the acknowledgement of a state notary.
Definition – § 45-1-201(52)
Laws – Chapter 45 (Uniform Probate Code)
Signing (Section 45-2-502) – Two (2) or more Witnesses.
How to Write
Step 1 – To provide establishment of the owner of the document, enter the testator’s legal name into the line at the beginning of the document and provide the following information as well:
- Testator’s full name
- City
- County
- Testator should review the remainder of the paragraph
- Review the Expenses and Taxes section
Step 2 – Appoint the Executor–
- Enter name of the selected executor
- Provide City
- Enter County
- State of residence
Selection of an alternate representative will ensure there will be a trusted person to execute the estate in case the initial representative is unable to perform the estate’s distribution- Enter the following:
- Provide the name of the second representative
- Enter City
- Enter County
- Enter representative’s State
Step 3 – Disposition of Property to chosen Beneficiaries:
Beneficiaries – Enter the following information:
- Enter the name of each beneficiary
- Provide each beneficiary’s address
- Enter the Beneficiary’s relationship
- Enter the last four digits of the Social Security Number for all beneficiaries
- Provide a list of any property testator will grant to each beneficiary from the estate
Step 4 – Read all of the titled sections, as follows:
- Omission
- Bond
- Discretionary Powers of Personal Representative
- Contesting Beneficiary
- Guardian Ad Litem Not Required
- Gender
- Assignment
- Governing Law
- Binding Arrangement
Step 5 – Signatures – Persons who shall serve as signatories, must all be present in signing of this document. Enter the following:
- Name of testator
- Date the testator’s signature – dd/mm/yyyy format
- Testator’s signature
- Print testator’s name
Witnesses – Witnesses must review the statement provided, then enter:
- Signatures must be dated – dd/mm/yyyy
- Provide testator’s name
Witness 1 –
- Signature
- Address
Witness 2 –
- Signature
- Address
Step 6 – Testament Affidavit – This section must be reviewed by all and the following must be entered:
- The State
- The County
- The Name of Testator
- The 1st Witness’ name
- The 2nd Witness’ name
- Enter:
- Signature of Testator
- 1st Witness signature
- 2nd Witness signature
Step 7 – Notary Public –The notary shall witness all signatures, the remaining portion of the document will be completed by the state licensed notary.
