A New Mexico last will and testament is a legal document set forth by a testator (the person creating the will) who wishes to provide instructions for how their estate shall be distributed upon death. All aspects of the testator’s estate– such as financial accounts, fiduciary funds, life insurance policies, as well as real, personal, and even digital property– can all be bequeathed to beneficiaries as stipulated on the testator’s will and carried out by the chosen executor. A testator ensures peace of mind when creating a will as it protects their estate and transfers portions or all to the appropriate individuals; beneficiaries of the testator’s will are usually their spouses, children, friends, blood relatives, and even charitable organizations. A will must be signed by the testator in the presence of two (2) or more witnesses in order to be legally executed under New Mexico law. Both these witnesses will also provide their signatories after attestation. Though optional, a testator can have their will acknowledged by a state-authorized notary public for another layer of legal protection.
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Laws
Definition – (§ 45-1-201(57)) – “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.
Signing Requirements (Section 45-2-502) – Two (2) or more Witnesses.
Statutes – Chapter 45 (Uniform Probate Code)
(Video) How to Make a Will in New Mexico
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 (Optional) – Notary Public –The notary shall witness all signatures, the remaining portion of the document will be completed by the state-licensed notary.
Related Forms
Download: Adobe PDF
Durable (Financial) Power of Attorney
Download: Adobe PDF