Updated July 18, 2023
A New Mexico self-proving affidavit form is a document attached to a last will and testament that attests to the validity of the will. The testator, after creating his/her will, can have it self-proved in order for the instrument to be processed faster in probate court after they die. Normally, the court will call upon the witnesses involved in the executing of the will to confirm that the will is legitimate and was executed in accordance with State law. However, with a self-proving affidavit attached to said will, it will move through probate without the witnesses having to be contacted. A notarized affidavit also makes it more difficult for the beneficiaries to challenge the will in any way. A self-proving affidavit must be signed by the testator and two (2) witnesses in the presence of a notary public, who will then sign the document and stamp their official seal thereon.
Laws
- Statute – § 45-2-504
- Signing Requirements – Two (2) witnesses and a notary public.